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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
RESIDENTIAL TENANCIES
BILL 1994
Queensland
RESIDENTIAL TENANCIES BILL 1994
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTORY PROVISIONS
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 2--INTERPRETATION
Division 1--Location of definitions
3 Definitions and dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Meaning of key terms
4 Lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
5 Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
6 Residential premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
7 Residential tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
8 Residential tenancy agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9 Tenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 3--OPERATION OF ACT
10 Act applies only to certain residential tenancy agreements etc. . . . . . . . . . 20
11 References to agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
12 Reference to lessors and tenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
13 References to premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
14 References to tenancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 4--APPLICATION OF ACT
Division 1--General
15 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
16 State as lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
2
Residential Tenancies
17 Application of Property Law Act to agreements . . . . . . . . . . . . . . . . . . . . . . 23
18 Rights and remedies of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19 Minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
20 Changes to Act's application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 2--Agreements to which this Act applies and does not
apply
21 Premises used for holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
22 Boarders and lodgers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
23 Educational institutions, hospitals, nursing homes and retirement
villages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
24 Temporary refuge accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
25 Agreements under Mobile Homes Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
26 Hotels and motels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
27 Approved supported accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3--Moveable dwelling premises
28 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Purpose of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
30 Short tenancy statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
31 Extending short tenancy statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Setting aside short tenancy (extension) statements . . . . . . . . . . . . . . . . . . . 27
33 Short tenancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
34 Long tenancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
CHAPTER 2--RESIDENTIAL TENANCY AGREEMENTS
PART 1--AGREEMENTS
Division 1--General
35 Terms of agreements include duties under Act etc. . . . . . . . . . . . . . . . . . . . 28
36 Contracting out prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
37 Inconsistency between Act and agreements . . . . . . . . . . . . . . . . . . . . . . . . . 29
38 Essential terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
39 Written agreements required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
40 Format of agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
41 Lessor to give agreement to tenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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Residential Tenancies
Division 2--Associated documents
42 Condition report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
43 Information statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
44 Park rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
45 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 3--Fixed term agreements
46 Continuation of fixed term agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 2--RENT
47 How rent to be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
48 Where rent to be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
49 Rent in advance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
50 Receipts and other records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
51 Keeping of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
52 False, misleading or incomplete rent records . . . . . . . . . . . . . . . . . . . . . . . . 37
53 Rent increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
54 Rent decreases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
55 Seizure of tenant's goods for rent etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
56 Apportionment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 3--RENTAL BONDS
Division 1--Payments to Authority
57 Meaning of "rental bond" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
58 Meaning of "key money" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
59 Duty to pay rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
60 Duty to pay rental bond if financial protection given . . . . . . . . . . . . . . . . . . 40
61 No entitlement to interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
62 Continuance of rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 2--Payments by Authority
63 Purpose of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
64 Making payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
65 Application for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
66 Payment to party on joint application or other party's direction . . . . . . . . . 42
67 Payment to lessor on lessor's own direction . . . . . . . . . . . . . . . . . . . . . . . . . 42
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Residential Tenancies
68 Payment to tenant on tenant's own direction . . . . . . . . . . . . . . . . . . . . . . . . 43
69 Allowed period for tenant's and lessor's notices . . . . . . . . . . . . . . . . . . . . . . 44
70 Payment under tribunal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
71 Payment to cotenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
72 Payment to rental bond supplier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
73 Limitation affecting payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
74 Discontinuance of application for payment . . . . . . . . . . . . . . . . . . . . . . . . . . 46
75 Payment under person's direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 3--Enforcement provisions
76 Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
77 Payments above maximum amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
78 Order for payment if guilty of offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 4--Accounts and investments
79 Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
80 Rental bond account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
81 Rental bond interest account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
82 Other payments from rental bond interest account . . . . . . . . . . . . . . . . . . . . 49
Division 5--Miscellaneous
83 Increase in rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
84 Rental bond resulting from rent decrease . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
PART 4--HOLDING DEPOSITS
85 Payment of holding deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
86 Receipts for holding deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
87 Rights and obligations about holding deposits . . . . . . . . . . . . . . . . . . . . . . . 51
88 Orders of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
PART 5--OUTGOINGS OF LESSOR
89 Outgoings other than service charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
90 Meaning of "service charge" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
91 Service charges generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
92 Service charges for moveable dwelling premises individually metered . . . 54
93 Service charges absorbed in rent for moveable dwelling premises . . . . . . . 54
94 Orders of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
5
Residential Tenancies
PART 6--PENALTIES AND PREMIUMS
95 Collateral contracts prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
96 Terms requiring payment of penalty etc. void . . . . . . . . . . . . . . . . . . . . . . . . 56
97 Terms about rent reductions etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
98 Premiums for letting moveable dwelling premises . . . . . . . . . . . . . . . . . . . . 57
CHAPTER 3--RIGHTS AND OBLIGATIONS OF LESSORS AND
TENANTS
PART 1--OCCUPATION AND USE OF THE PREMISES
99 Legal impediments to occupation as residence . . . . . . . . . . . . . . . . . . . . . . 58
100 Vacant possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
101 Quiet enjoyment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
102 Tenant's use of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
PART 2--GENERAL STANDARD OF THE PREMISES
103 Lessor's obligations generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
104 Lessor's obligations for facilities in moveable dwelling parks . . . . . . . . . . 59
105 Lessor's obligations for moveable dwelling site . . . . . . . . . . . . . . . . . . . . . . 60
106 Tenant's obligations generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
107 Tenant's obligations for facilities in moveable dwelling parks . . . . . . . . . . 61
108 Tenant's obligation for moveable dwelling site . . . . . . . . . . . . . . . . . . . . . . 61
PART 3--LESSOR'S RIGHT OF ENTRY
109 Grounds for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
110 Notice of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
111 General qualifications about entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
112 Rules of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
113 Entry under order of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
114 Unlawful entry of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
PART 4--PERSONAL DETAILS OF THE PARTIES AND
AGENTS
115 Tenant's name and other details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
116 Lessor's or agent's name and other details . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 5--THE DWELLING
Division 1--Fixtures and structural changes
117 Attaching fixtures and making structural changes . . . . . . . . . . . . . . . . . . . . 66
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Residential Tenancies
118 Agreement about fixtures and structural changes . . . . . . . . . . . . . . . . . . . . . 66
119 Attaching fixture or making structural change without lessor's
agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 2--Locks and keys
120 Supply of locks and keys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
121 Changing locks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
122 Agreement about changing locks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
123 Orders of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 3--Damage and repairs
124 Nominated repairer for emergency repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
125 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
126 Tenant may arrange for emergency repairs to be made . . . . . . . . . . . . . . . . 70
127 Costs of emergency repairs arranged by tenant . . . . . . . . . . . . . . . . . . . . . . . 70
128 Orders of tribunal about emergency repairs . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 6--MOVEABLE DWELLING PREMISES
Division 1--Application of Part
129 Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Division 2--Relocation
130 Notice to relocate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
131 Effect of relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
132 Costs of relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 3--Park rules
133 Park rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
134 Notice of proposed change of park rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
135 Objection to proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
136 Park liaison committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
137 Consideration of objections by committee . . . . . . . . . . . . . . . . . . . . . . . . . . 76
138 Application to tribunal about proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
139 Decision of tribunal about proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
140 When proposal takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
141 When changes of park rules have no effect . . . . . . . . . . . . . . . . . . . . . . . . . . 79
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Residential Tenancies
Division 4--Goods and services
142 Supply of goods and services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
PART 7--CHANGE OF LESSOR OR TENANT
Division 1--Transfer or subletting by tenant
143 Tenant's action subject to lessor's unqualified discretion . . . . . . . . . . . . . . 79
144 Tenant's action subject to lessor's qualified discretion . . . . . . . . . . . . . . . . 80
145 Order of tribunal about transfer or subletting . . . . . . . . . . . . . . . . . . . . . . . . . 80
146 Lessor's expenses for transfer or subletting . . . . . . . . . . . . . . . . . . . . . . . . . . 81
147 Lessor's fee for sale of caravan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 2--Transfer by lessor
148 Transfer by lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 3--Replacement of tenant
149 End of tenant's occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
150 Injury to spouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
CHAPTER 4--TERMINATION OF AGREEMENTS
PART 1--GENERAL
151 Termination of agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
152 Acceptance of rent does not operate as waiver of breach . . . . . . . . . . . . . . 85
PART 2--ACTION BY LESSOR
Division 1--Notices to remedy breach
153 Notice to remedy tenant's breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
154 Tenant may dispute notice to remedy breach . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 2--Notices to leave premises
155 Notice to leave for unremedied breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
156 Tenant may dispute notice to leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
157 Notice to leave for tenant's non-compliance with tribunal order . . . . . . . . . 87
158 Notice to leave for non-compliance (moveable dwelling relocation) . . . . . 88
159 Notice to leave if agreement frustrated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
160 Notice to leave if agreement frustrated (moveable dwelling premises) . . . 88
161 Notice to leave if premises being sold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
162 Notice to leave if closure of moveable dwelling park involved . . . . . . . . . 89
163 Notice to leave if tenant's employment ends . . . . . . . . . . . . . . . . . . . . . . . . 90
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Residential Tenancies
164 Notice to leave if tenant's entitlement to supported
accommodation ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
165 Notice to leave without ground . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Division 3--Applications for termination
166 Application for termination for failure to leave . . . . . . . . . . . . . . . . . . . . . . . 91
167 Application for termination for failure to leave as intended . . . . . . . . . . . . 92
168 Application for termination for excessive hardship . . . . . . . . . . . . . . . . . . . . 92
169 Application for termination for damage or injury . . . . . . . . . . . . . . . . . . . . . 92
170 Application for termination for tenant's objectionable behaviour . . . . . . . . 93
171 Application for termination for incompatibility . . . . . . . . . . . . . . . . . . . . . . . 93
172 Application for interim order about damage or injury . . . . . . . . . . . . . . . . . . 93
PART 3--ACTION BY TENANT
Division 1--Notices to remedy breach
173 Notice to remedy lessor's breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
174 Lessor may dispute notice to remedy breach . . . . . . . . . . . . . . . . . . . . . . . . 94
Division 2--Notices of intention to leave premises
175 Notice of intention to leave for unremedied breach . . . . . . . . . . . . . . . . . . . 95
176 Waiver of breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
177 Notice of intention to leave for lessor's non-compliance with
tribunal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
178 Notice of intention to leave if agreement frustrated . . . . . . . . . . . . . . . . . . . 96
179 Notice of intention to leave if agreement frustrated (moveable
dwelling premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
180 Lessor may dispute notice of intention to leave . . . . . . . . . . . . . . . . . . . . . . 97
181 Notice of intention to leave without ground . . . . . . . . . . . . . . . . . . . . . . . . . 97
182 Application for termination for excessive hardship . . . . . . . . . . . . . . . . . . . . 97
Division 3--Applications for termination
183 Application for termination for damage or injury . . . . . . . . . . . . . . . . . . . . . 97
184 Application by cotenant for termination for damage or injury . . . . . . . . . . . 98
185 Application for termination for lessor's objectionable behaviour . . . . . . . . 98
186 Application for termination for incompatibility . . . . . . . . . . . . . . . . . . . . . . . 99
187 Application for interim order about damage or injury . . . . . . . . . . . . . . . . . . 99
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Residential Tenancies
PART 4--ACTION BY OTHER PERSONS
188 Application by tenant's spouse for termination for damage or injury . . . . . 99
189 Application by occupant for termination for damage or injury . . . . . . . . . 100
190 Application for interim order about damage or injury . . . . . . . . . . . . . . . . . 100
191 References to applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
PART 5--PROCEDURAL REQUIREMENTS FOR ACTION
TAKEN BY LESSOR OR TENANT
192 Notice to remedy breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
193 Notice to leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
194 Notice of intention to leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
195 Dispute notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
196 Allowed remedy period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
197 Handover day for notice to leave (premises generally) . . . . . . . . . . . . . . . 104
198 Handover day for notice to leave (moveable dwelling premises) . . . . . . . 104
199 Handover day for notice of intention to leave (premises generally) . . . . . 105
200 Handover day for notice of intention to leave (moveable dwelling
premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
201 Withdrawing notice of intention to leave . . . . . . . . . . . . . . . . . . . . . . . . . . 106
202 Applications for termination orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
203 Applications to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
PART 6--ORDERS OF TRIBUNAL
204 Failure to leave for unremedied breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
205 Failure to leave for non-compliance (tribunal order) . . . . . . . . . . . . . . . . . 108
206 Failure to leave for non-compliance (moveable dwelling relocation) . . . 108
207 Failure to leave for other grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
208 Failure to leave without ground . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
209 Failure to leave as intended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
210 Excessive hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
211 Damage or injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
212 Objectionable behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
213 Incompatibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
214 Interim order about damage or injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
215 Defect in notice to leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
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Residential Tenancies
PART 7--RECOVERY OF POSSESSION OF PREMISES
216 Issue of warrant of possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
217 Warrant of possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
218 Execution of warrant of possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
219 Way of recovering possession of premises . . . . . . . . . . . . . . . . . . . . . . . . . 112
220 Obstruction of person executing warrant of possession . . . . . . . . . . . . . . . . 113
PART 8--ABANDONMENT
221 Termination of agreement by lessor if premises abandoned . . . . . . . . . . . 113
222 Order about abandonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
223 Abandoned goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
224 Abandoned documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
PART 9--COMPENSATION
225 Tenant remaining in possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
226 Compensation on abandonment termination notice . . . . . . . . . . . . . . . . . . 117
227 Compensation on termination by tribunal or registrar . . . . . . . . . . . . . . . . . 117
228 Review of abandonment order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
229 Abandoned goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
230 Duty to mitigate loss or expense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
CHAPTER 5--RESOLUTION OF TENANCY ISSUES
PART 1--MEDIATION OF TENANCY DISPUTES
Division 1--Requirement for mediation
231 Meaning of "urgent application" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
232 Applications to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Division 2--Starting the mediation process
233 Giving of notice of mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
234 Reference to making of tribunal application includes giving of
mediation notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
235 Action to be taken on mediation notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 3--Conduct of mediation conference
236 Mediation fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
237 Limited right of representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
238 Conference to be held in private . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
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239 Parties attendance at conference not compellable . . . . . . . . . . . . . . . . . . . 122
240 Parties to mediation conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
241 Mediation agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
242 No record of mediation conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 4--Administration
243 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
244 Withdrawal of disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Division 5--Confidentiality, privilege and immunity
245 Mediators to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
246 Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . . . . . . . . 125
247 Admissions made during mediation conference . . . . . . . . . . . . . . . . . . . . . 125
PART 2--GENERAL POWERS OF TRIBUNALS
248 Application of Act to agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
249 Applications about breach of agreements . . . . . . . . . . . . . . . . . . . . . . . . . . 125
250 Orders about breach of agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
251 Application of Aboriginal tradition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
252 Application of Island custom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
253 Disputes about tenant's notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
254 General disputes between lessors and tenants . . . . . . . . . . . . . . . . . . . . . . . 128
255 Disputes between cotenants about rental bonds . . . . . . . . . . . . . . . . . . . . . 129
256 Different applications may be decided together . . . . . . . . . . . . . . . . . . . . . 129
257 Joining applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
CHAPTER 6--ENFORCEMENT
PART 1--AUTHORISED PERSONS
258 Authorised persons under this Chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
259 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
260 Limitation of authorised person's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
261 Authorised person's conditions of appointment . . . . . . . . . . . . . . . . . . . . . . 130
262 Authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
263 Production or display of authorised person's identity card . . . . . . . . . . . . . 131
PART 2--POWERS OF AUTHORISED PERSONS FOR PLACES
264 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
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265 Warrants for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
266 Warrants--applications made other than in person . . . . . . . . . . . . . . . . . . 133
267 Authorised person's general powers for places . . . . . . . . . . . . . . . . . . . . . . 134
PART 3--OTHER ENFORCEMENT MATTERS
268 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
269 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . 136
270 Authorised person to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . 136
271 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
272 Agreement to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
273 Evidence of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
274 Obstruction of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
275 Impersonation of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
276 Executive officers must ensure corporation complies with Act . . . . . . . . . 139
PART 4--EVIDENCE
277 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
CHAPTER 7--CAUSING NUISANCE IN MOVEABLE
DWELLING PARKS
278 Behaviour in moveable dwelling park causing serious nuisance . . . . . . . . 141
279 Power to enter moveable dwellings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
280 Initial direction about serious nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
281 Direction to leave park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
282 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
283 Application to tribunal for order to exclude person from park . . . . . . . . . . 144
284 Order of tribunal excluding person from park . . . . . . . . . . . . . . . . . . . . . . . 144
285 Power of arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
CHAPTER 8--RESIDENTIAL TENANCIES AUTHORITY
PART 1--ESTABLISHMENT OF AUTHORITY
286 Establishment of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
287 Legal status of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
288 Authority represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
PART 2--FUNCTIONS AND POWERS OF AUTHORITY
289 Authority's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
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Residential Tenancies
290 Authority's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
291 Reserve power of Minister to give directions in public interest . . . . . . . . 148
PART 3--THE BOARD
292 The board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
293 Role of the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
294 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
295 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
296 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
PART 4--PROCEEDINGS OF THE BOARD
297 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
298 Conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
299 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
300 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
PART 5--FINANCIAL MATTERS
301 Application of Financial Administration and Audit Act . . . . . . . . . . . . . . . 152
302 Administration budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
PART 6--OTHER THINGS ABOUT THE AUTHORITY
303 Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
304 Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
305 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
PART 7--STAFF OF THE AUTHORITY
Division 1--Chief executive officer
306 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
307 Chief executive officer not to engage in other paid employment . . . . . . . 154
308 Acting chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Division 2--Staffing the Authority
309 Authority staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
310 Alternative staffing arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Division 3--Conflict of interest
311 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
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CHAPTER 9--LEGAL PROCEEDINGS
PART 1--OFFENCES
312 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . 156
313 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
314 Offences are summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
PART 2--EVIDENTIARY PROVISIONS
315 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . 157
316 Condition reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
317 Rental bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
CHAPTER 10--MISCELLANEOUS
318 Applications for more than prescribed amount . . . . . . . . . . . . . . . . . . . . . . 158
319 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
320 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
321 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
CHAPTER 11--TRANSITIONAL, REPEALS AND
AMENDMENTS
PART 1--TRANSITIONAL PROVISIONS
Division 1--Interpretation
322 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Division 2--Transitional references
323 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
324 References to former Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
325 References to former Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Division 3--Transitional provisions about rental bond matters
326 Vesting of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
327 Pending proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
328 Duty to assist transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
329 Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
330 Existing employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
331 Appointments under former Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
332 Existing rental bond amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
333 Existing applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
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Residential Tenancies
334 Retention of receipt given under former Act . . . . . . . . . . . . . . . . . . . . . . . . 164
335 Condition of premises reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
336 Rental bond account under the former Act . . . . . . . . . . . . . . . . . . . . . . . . . 165
337 Rental bond interest account under the former Act . . . . . . . . . . . . . . . . . . 165
338 Expiry of this Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Division 4--Other transitional provisions
339 Agreements in force at commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
340 References to Building Units and Group Titles Act 1994 . . . . . . . . . . . . . 166
341 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
PART 2--REPEALS AND AMENDMENTS
342 Repeals--Sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
343 Amendments--Sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 168
ACTS REPEALED
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 169
ACTS AMENDED
SMALL CLAIMS TRIBUNAL ACT 1973 . . . . . . . . . . . . . . . . . . . . . . . . 169
STATE HOUSING ACT 1945 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 174
DICTIONARY . . . . . . . . . . . . . . . . . . . . . . 174
1994
A BILL
FOR
An Act about residential tenancy agreements, and related matters
s1 18 s3
Residential Tenancies
The Parliament of Queensland enacts-- 1
HAPTER 1--PRELIMINARY 2
C
PART 1--INTRODUCTORY PROVISIONS 3
title 4
Short
1. This Act may be cited as the Residential Tenancies Act 1994. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
ART 2--INTERPRETATION 8
P
1--Location of definitions 9
Division
and dictionary 10
Definitions
3.(1) The dictionary1 in Schedule 3 defines particular words used in this 11
Act. 12
(2) Division 2 of this Part defines key terms used in this Act. 13
1 In some Acts, definitions are contained in a dictionary that appears as the last
Schedule and forms part of the Act--Acts Interpretation Act 1954, section 14.
s4 19 s6
Residential Tenancies
(3) The key terms and definitions found elsewhere in the Act are 1
signposted2 in the dictionary. 2
2--Meaning of key terms 3
Division
4
Lessor
4.(1) A "lessor" is the person who gives the right to occupy residential 5
premises under a residential tenancy agreement. 6
(2) A "lessor" also includes-- 7
(a) the person who is to give the right to occupy residential premises 8
under a proposed residential tenancy agreement; and 9
(b) a tenant who has given, or is to give, the right to occupy 10
residential premises to a subtenant. 11
12
Premises
5.(1) "Premises" include a part of premises and land occupied with 13
premises. 14
(2) "Premises" also include-- 15
(a) a caravan or its site, or both the caravan and site; and 16
(b) a mobile home in, or intended to be situated in, a moveable 17
dwelling park or its site, or both the mobile home and site; and 18
(c) a houseboat. 19
premises 20
Residential
6. "Residential premises" are premises used, or intended to be used, as 21
a place of residence or mainly as a place of residence. 22
2 The signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where these definitions can be found.
For example, the definition ` "rental bond" see section 57' tells the reader that
there is a definition of the term "rental bond" in section 57.
s7 20 s 10
Residential Tenancies
tenancy 1
Residential
7. A "residential tenancy" is the right to occupy residential premises 2
under a residential tenancy agreement. 3
tenancy agreement 4
Residential
8.(1) A "residential tenancy agreement" is an agreement under which 5
a person gives to someone else a right to occupy residential premises as a 6
residence. 7
(2) Subsection (1) applies-- 8
(a) whether or not the right is a right of exclusive occupation; and 9
(b) whether the agreement is express or implied. 10
11
Tenant
9.(1) A "tenant" is the person to whom the right to occupy residential 12
premises under a residential tenancy agreement is given. 13
(2) A "tenant" also includes-- 14
(a) the person to whom the right to occupy residential premises is to 15
be given under a proposed residential tenancy agreement; and 16
(b) the subtenant of a tenant. 17
PART 3--OPERATION OF ACT 18
applies only to certain residential tenancy agreements etc. 19
Act
10.(1) This Act applies only to residential tenancy agreements and to-- 20
(a) lessors, tenants and their respective rights and obligations under 21
residential tenancy agreements; and 22
(b) premises under residential tenancy agreements; and 23
(c) a tenancy under a residential tenancy agreement. 24
s 11 21 s 12
Residential Tenancies
(2) However, this Act does not apply to all residential tenancy 1
agreements. 2
(3) For example, under Part 43 , this Act, or some of its provisions, do 3
not apply to certain residential tenancy agreements. 4
5
Examples of residential tenancy agreements to which the Act does not apply--
6
1. Under section 16, this Act does not apply to a lease given by the State under
7
certain other Acts.
8
2. A regulation under section 20 may declare that this Act does not apply to an
9
agreement.
10
3. Under section 21, this Act does not apply to an agreement giving a right of
11
occupancy for holiday purposes.
12
4. Under section 22, this Act generally does not apply to an agreement if the
13
tenant is a boarder or lodger.
14
5. Under section 23, this Act generally does not apply to an agreement for
15
premises that are part of an educational institution, hospital, nursing home or
16
retirement village.
17
6. Under section 24, this Act does not apply to certain agreements under which
18
the tenant is being supplied with temporary refuge accommodation.
19
7. Under section 25, this Act does not apply to agreements under the Mobile
20
Homes Act 1989.
to agreements 21
References
11. In this Act (other than Part 2, Division 2), 4 a reference to an 22
agreement is a reference to a residential tenancy agreement to which this Act 23
applies. 24
to lessors and tenants 25
Reference
12. In this Act (other than in Part 2, Division 2), a reference to a lessor or 26
tenant is a reference to a lessor or tenant under a residential tenancy 27
agreement to which this Act applies. 28
3 Part 4 deals with the application of this Act.
4 Part 2, Division 2 deals with the meaning of key terms.
s 13 22 s 16
Residential Tenancies
to premises 1
References
13. In this Act (other than Part 2, Division 2), a reference to premises is a 2
reference to a residential premises under a residential tenancy agreement to 3
which this Act applies. 4
to tenancies 5
References
14. In this Act (other than in Part 2, Division 2), a reference to a tenancy 6
is a reference to a residential tenancy under a residential tenancy agreement 7
to which this Act applies. 8
PART 4--APPLICATION OF ACT 9
1--General 10
Division
binds all persons 11
Act
15.(1) This Act binds all persons, including the State, and, as far as the 12
legislative power of the Parliament permits, the Commonwealth and the 13
other States. 14
(2) However, some provisions of this Act do not apply to the State. 15
16
Examples of provisions not applying to State--
17
1. Section 42 (Condition report) does not apply if the lessor is the State.
18
2. Section 50 (Receipts and other records) also does not apply if the lessor is the
19
State.
as lessor 20
State
16.(1) This Act does not apply to a lease, even if the lease is for, or for 21
purposes that include, residential purposes, if-- 22
(a) the lease is granted under the authority of an authorising law; and 23
(b) the State is the lessor. 24
s 17 23 s 20
Residential Tenancies
(2) However, if the lessee sublets the land or a part of the land, under the 1
authorising law, this Act applies to the sublease to the extent to which this 2
Act is not inconsistent with the authorising law. 3
(3) In subsection (1)-- 4
"authorising law" means an Act other than this Act or the State Housing 5
Act 1945. 6
of Property Law Act to agreements 7
Application
17.(1) The Property Law Act 1974 does not apply to residential tenancy 8
agreements. 9
(2) However, a regulation may declare that the Property Law Act 1974, 10
or a provision of that Act, applies, or applies with prescribed changes, to 11
residential tenancy agreements or a particular type of residential tenancy 12
agreement. 13
and remedies of persons 14
Rights
18.(1) A right or remedy given to a person under this Act is in addition 15
to, and not in substitution for, a right or remedy the person would have 16
apart from this Act. 17
(2) Without limiting subsection (1), this Act does not operate to reduce 18
the effect of a right or remedy a person would have apart from this Act. 19
20
Minors
19. A minor has the capacity to enter into a residential tenancy agreement 21
if it is an agreement for necessaries. 22
to Act's application 23
Changes
20. A regulation may declare that this Act, or a provision of this Act, 24
does not apply to, or applies with prescribed changes to, any of the 25
following-- 26
(a) residential tenancy agreements; 27
s 21 24 s 23
Residential Tenancies
(b) residential premises; 1
(c) entities. 2
2--Agreements to which this Act applies and does not apply 3
Division
used for holidays 4
Premises
21.(1) This Act does not apply to a residential tenancy agreement if the 5
right of occupancy of the premises is given for holiday purposes. 6
(2) For subsection (1), a right to occupy premises given for 6 weeks or 7
longer is evidence the right was not given for holiday purposes. 8
and lodgers 9
Boarders
22.(1) This Act does not apply to a residential tenancy agreement if the 10
tenant is a boarder or lodger. 11
(2) Despite subsection (1), if a rental bond is paid for a residential 12
tenancy agreement under which the tenant is a boarder or lodger, the 13
provisions of this Act about rental bonds apply to the agreement. 14
institutions, hospitals, nursing homes and retirement 15
Educational
villages 16
23.(1) This Act does not apply to a residential tenancy agreement for 17
premises that are part of an educational institution, hospital, nursing home 18
or retirement village. 19
(2) However, this Act applies to a residential tenancy agreement for 20
premises mentioned in subsection (1) if the premises are used as a person's 21
place of residence under the person's employment at the institution, 22
hospital, nursing home or retirement village. 23
(3) Despite subsection (1), this Act applies to a residential tenancy 24
agreement for premises that are part of a retirement village if the agreement 25
is declared under the regulations to be a residential tenancy agreement to 26
which this Act applies. 27
s 24 25 s 27
Residential Tenancies
refuge accommodation 1
Temporary
24. This Act does not apply to a residential tenancy agreement if the 2
tenant is being supplied with temporary refuge accommodation at the 3
premises and the accommodation is not approved supported 4
accommodation. 5
under Mobile Homes Act 6
Agreements
25.(1) This Act does not apply to a residential tenancy agreement if the 7
agreement is a mobile home agreement. 8
(2) However, subsection (1) does not prevent this Act from applying to a 9
subsequent agreement. 10
(3) A regulation may declare that this Act, or a provision of this Act, 11
does not apply to a subsequent agreement or applies with prescribed 12
changes to a subsequent agreement. 13
(4) In this section-- 14
"subsequent agreement" means an agreement under which a mobile 15
home occupier becomes a lessor under this Act. 16
and motels 17
Hotels
26. This Act applies to a residential tenancy agreement even if the 18
premises are part of a hotel or motel. 19
supported accommodation 20
Approved
27.(1) This Act applies to a residential tenancy agreement even if the 21
tenant's right of occupancy of the premises arises out of approved 22
supported accommodation. 23
(2) Despite subsection (1), this Act does not apply to an agreement under 24
which the tenant's right of occupancy arises out of approved supported 25
accommodation if the tenant is a person declared under the regulations to be 26
a person to whom this Act does not apply. 27
s 28 26 s 31
Residential Tenancies
3--Moveable dwelling premises 1
Division
of Division 2
Application
28. This Division applies only to agreements for moveable dwelling 3
premises. 4
of Division 5
Purpose
29.(1) This Division provides for the classifying of tenancies of 6
moveable dwelling premises as either short or long tenancies. 7
(2) For some matters, the way this Act applies to a residential tenancy of 8
moveable dwelling premises depends on whether the tenancy is a short or 9
long tenancy. 10
11
Examples--
12
1. Section 39 (which requires written agreements) applies to a long tenancy
13
(moveable dwelling), but does not apply to a short tenancy (moveable dwelling).
14
2. Section 44 requires a copy of park rules to be given to the tenant at different
15
times depending on whether the tenancy is a long tenancy (moveable dwelling) or
16
short tenancy (moveable dwelling).
tenancy statements 17
Short
30.(1) If the lessor and tenant intend that the tenant's occupation of the 18
premises is not to continue for more than 30 days (the "base period"), they 19
may make a written statement to that effect (the "short tenancy 20
statement"). 21
(2) The short tenancy statement must be made before, or when, the 22
tenancy starts. 23
short tenancy statements 24
Extending
31.(1) If the parties make a short tenancy statement, they may make 25
another written statement (the "short tenancy (extension) statement") 26
agreeing that this Act should continue to apply to the tenancy for another 27
period stated in the statement (the "extended period") in the same way it 28
applies during the base period. 29
s 32 27 s 34
Residential Tenancies
(2) A short tenancy (extension) statement may only be made in the base 1
period. 2
(3) Only 1 short tenancy (extension) statement may be made about the 3
tenancy. 4
(4) The extended period may not be more than 30 days. 5
aside short tenancy (extension) statements 6
Setting
32.(1) If the parties made a short tenancy (extension) statement, the 7
tenant may apply to a tribunal for an order setting aside the statement 8
because the lessor exerted undue influence on the tenant to make the 9
statement. 10
(2) The tribunal may make the order if it is satisfied the tenant has 11
established the ground of the application. 12
tenancies 13
Short
33. For any period for which a short tenancy statement or short tenancy 14
(extension) statement applies to the tenancy, the tenancy is a "short 15
tenancy (moveable dwelling)". 16
tenancies 17
Long
34. If the tenancy is not a short tenancy (moveable dwelling), it is a 18
"long tenancy (moveable dwelling)". 19
s 35 28 s 36
Residential Tenancies
CHAPTER 2--RESIDENTIAL TENANCY 1
AGREEMENTS 2
PART 1--AGREEMENTS 3
1--General 4
Division
of agreements include duties under Act etc. 5
Terms
35.(1) If, under this Act, a duty is imposed on, or an entitlement is given 6
to, a lessor or tenant, the duty or entitlement is taken to be included as a 7
term of the residential tenancy agreement. 8
(2) If the premises are moveable dwelling premises in a moveable 9
dwelling park, any park rules for the time being in force also are taken to be 10
included as terms of the agreement. 11
(3) If there is a mediation agreement in force about the residential tenancy 12
agreement, the terms of the mediation agreement also are taken to be 13
included as terms of the residential tenancy agreement. 14
(4) This section applies even if the duty, entitlement or rule is not 15
included as a term of a written agreement. 16
out prohibited 17
Contracting
36.(1) An agreement or arrangement is void to the extent to which it 18
purports to exclude, change or restrict the application or operation of a 19
provision of this Act about the terms of a residential tenancy agreement. 20
(2) A person must not enter into an agreement or arrangement with the 21
intention, either directly or indirectly, of defeating, evading or preventing the 22
operation of this Act. 23
Maximum penalty--50 penalty units. 24
(3) In this section-- 25
s 37 29 s 39
Residential Tenancies
"agreement" includes an agreement that is not a residential tenancy 1
agreement. 2
between Act and agreements 3
Inconsistency
37. If a provision of this Act is inconsistent with a term of a residential 4
tenancy agreement, the provision prevails and the term is void to the extent 5
of the inconsistency. 6
terms 7
Essential
38. A regulation may declare provisions of this Act imposing duties on, 8
or giving entitlements to, a lessor or tenant to be essential terms of a 9
residential tenancy agreement (the "essential terms"). 10
agreements required 11
Written
39.(1) The lessor must ensure the agreement is in writing to the extent, 12
and in the way, required by this section. 13
Maximum penalty--20 penalty units. 14
(2) The written agreement must-- 15
(a) identify the parties and premises; and 16
(b) include terms about-- 17
(i) payment of rent; and 18
(ii) for a fixed term agreement--the term; and 19
(c) include all other essential terms; and 20
(d) state the address for service for each party. 21
(3) The written agreement may include non-essential terms. 22
(4) For including in the agreement terms ("required terms") taken 23
under this Act to be terms of the agreement, it is enough if the agreement 24
includes terms to the same effect as the required terms. 25
(5) The agreement must be written in a clear and precise way. 26
(6) The costs of preparing the agreement are payable by the lessor. 27
s 40 30 s 41
Residential Tenancies
(7) This section does not apply to an agreement for a short tenancy 1
(moveable dwelling). 2
of agreements 3
Format
40.(1) The written agreement may include a term by-- 4
(a) using an abbreviated form of words for the term (the "short 5
form"); and 6
(b) including the term in full (the "full term") in-- 7
(i) another part of the agreement; or 8
(ii) another document attached to, or accompanying, the 9
agreement when it is signed by the tenant; and 10
(c) clearly identifying the full term to which the short form of the 11
term applies. 12
(2) If a term is included in the agreement using the short form of the 13
term, the short form is taken to be an obligation by the tenant to the lessor, 14
or by the lessor to the tenant, in the terms contained in the full term to which 15
the short form of the term applies. 16
to give agreement to tenant 17
Lessor
41.(1) The lessor must give to the tenant, as required by this section-- 18
(a) the written agreement for signing; and 19
(b) after the agreement has been signed by both parties, a copy of the 20
signed agreement; and 21
(c) if a term of the agreement is included in the agreement using only 22
the short form--another document attached to, or accompanying, 23
the agreement setting out the full term. 24
Maximum penalty--10 penalty units. 25
(2) The copy of the signed agreement must be given to the tenant within 26
1 month after it is signed by the tenant. 27
(3) The document mentioned in subsection (1)(c) must be given to the 28
tenant when the agreement for signing, and the signed agreement, is given 29
s 42 31 s 42
Residential Tenancies
to the tenant. 1
(4) This section does not apply to an agreement for a short tenancy 2
(moveable dwelling). 3
Division 2--Associated documents 4
report 5
Condition
42.(1) This section applies to a lessor only if at least some of the terms of 6
the agreement are required to be in writing. 7
(2) The lessor must-- 8
(a) prepare and sign a condition report for the premises and any 9
inclusions; and 10
(b) give 2 copies of the report to the tenant when the written 11
agreement is given to the tenant for signing. 12
Maximum penalty--20 penalty units. 13
(3) The tenant must, within 3 days after receiving the copies-- 14
(a) sign the copies; and 15
(b) if the tenant does not agree with the report--show the parts of the 16
report the tenant disagrees with by marking the copies in an 17
appropriate way; and 18
(c) return a copy to the lessor or lessor's agent. 19
Maximum penalty--20 penalty units. 20
(4) The lessor must keep, at least until 6 months after the agreement 21
ends-- 22
(a) the signed copy of the report returned to the lessor or lessor's 23
agent by the tenant; or 24
(b) if the tenant does not return a signed copy--another copy of the 25
report. 26
Maximum penalty--20 penalty units. 27
(5) This section does not apply if the lessor is the State. 28
s 43 32 s 44
Residential Tenancies
statement 1
Information
43.(1) This section applies to a lessor only if at least some of the terms of 2
the agreement are required to be in writing. 3
(2) The lessor must give to the tenant, as required by this section, a 4
statement in the approved form containing information for the benefit of the 5
tenant. 6
Maximum penalty--10 penalty units. 7
(3) Without limiting subsection (2), the information may be about-- 8
(a) the duties and entitlements of the lessor and tenant; and 9
(b) the procedures for resolving disputes under the agreement 10
(including mediation processes); and 11
(c) entities to which issues about the agreement may be referred. 12
(4) The statement must be given to the tenant when a copy of the signed 13
agreement is given to the tenant. 14
rules 15
Park
44.(1) This section applies only to moveable dwelling premises in a 16
moveable dwelling park. 17
(2) The lessor must give to the tenant, as required by this section-- 18
(a) a copy of the park rules; and 19
(b) if a park rule is changed--a copy of the rule as changed. 20
Maximum penalty--20 penalty units. 21
(3) The copy of the park rules must be given to the tenant-- 22
(a) if the tenancy is a long tenancy (moveable dwelling)--when the 23
agreement is given to the tenant for signing; or 24
(b) if the tenancy is a short tenancy (moveable dwelling)--at the start 25
of the agreement. 26
(4) The copy of a park rule as changed must be given to the tenant as 27
soon as practicable after the change takes effect. 28
s 45 33 s 46
Residential Tenancies
1
By-laws
45. If by-laws under the Building Units and Group Titles Act 1994 are to 2
apply to the occupation of premises by a tenant, the lessor must inform the 3
tenant of the application of the by-laws, when giving the written agreement 4
to the tenant for signing. 5
Maximum penalty--20 penalty units. 6
3--Fixed term agreements 7
Division
of fixed term agreements 8
Continuation
46.(1) This section applies to an agreement if-- 9
(a) it creates a residential tenancy for a fixed term; and 10
(b) it does not provide for its continuance after the day the term ends 11
(the "end day"); and 12
(c) none of the following notices is given by lessor or tenant to the 13
other party before the end day-- 14
· notice to leave 15
· notice of intention to leave 16
· abandonment termination notice. 17
(2) However, this section does not apply to an agreement if the tenancy is 18
a short tenancy (moveable dwelling). 19
(3) If the tenant continues to occupy the premises after the end day, the 20
agreement continues to apply-- 21
(a) on the same terms on which it applied immediately before the end 22
day (other than any term about the agreement's term); and 23
(b) on the basis the tenant is holding over under a periodic tenancy. 24
s 47 34 s 48
Residential Tenancies
ART 2--RENT 1
P
rent to be paid 2
How
47.(1) The tenant must pay the rent in an approved way. 3
(2) If an approved way for payment of rent is stated in the agreement, the 4
tenant must pay the rent in the way stated. 5
(3) However, if, after signing the agreement-- 6
(a) the lessor or tenant gives to the other party a written notice stating 7
an approved way, or a different approved way, as the way in 8
which rent is required, or is proposed, to be paid; and 9
(b) the other party agrees in writing (the "rent agreement") to 10
payments of rent being made in the way stated; 11
the tenant must pay the rent in the way stated while the rent agreement 12
remains in force. 13
(4) Rent is paid in an "approved" way if it is paid by-- 14
(a) cash; or 15
(b) cheque; or 16
(c) deposit to a financial institution account nominated by the lessor; 17
or 18
(d) credit card; or 19
(e) an EFTPOS system; or 20
(f) deduction from pay, or a pension or other benefit, payable to the 21
tenant; or 22
(g) another way agreed on by the lessor and tenant. 23
rent to be paid 24
Where
48.(1) If the place for payment of rent is stated in an agreement, the 25
tenant must pay the rent at the place stated. 26
(2) However, if, after signing the agreement, the lessor gives the tenant a 27
written notice stating a place, or a different place, as the place at which rent 28
s 49 35 s 50
Residential Tenancies
is required to be paid and the place is reasonable, the tenant must pay the 1
rent at the place stated in the notice while the notice is in force. 2
(3) If the place for payment of rent is not stated, the tenant must pay the 3
rent at an appropriate place. 4
in advance 5
Rent
49.(1) A lessor must not require, as payment of rent in advance under an 6
agreement, more than-- 7
(a) for a periodic agreement or an agreement for moveable dwelling 8
premises--2 weeks rent; or 9
(b) for another agreement--1 month rent. 10
(2) A lessor must not require a payment of rent under an agreement in a 11
period for which rent has already been paid. 12
Maximum penalty--10 penalty units. 13
and other records 14
Receipts
50.(1) If rent under an agreement is paid in cash, the person receiving the 15
payment must give a receipt as required by this section. 16
Maximum penalty--10 penalty units. 17
(2) If rent under an agreement is paid by cheque, the person receiving the 18
payment must give a receipt, as required by this section, if the person 19
making the payment asks for a receipt when making the payment. 20
Maximum penalty--10 penalty units. 21
(3) A receipt must be signed by the person receiving the payment. 22
(4) A receipt must be given to the person making the payment-- 23
(a) if the payment is made by the person personally and in 24
cash--when the payment is made; or 25
(b) if the payment is made by the person in cash but not 26
personally--before the end of the next business day after the day 27
the payment is received; or 28
(c) if the payment is made by cheque--within 3 business days after 29
s 51 36 s 51
Residential Tenancies
the day the payment is received. 1
(5) The lessor must, for a payment of rent under an agreement-- 2
(a) make a written record of the payment (the "rent payment 3
record") as required by this section; and 4
(b) give a copy of the record to the tenant as required by this section, 5
if the tenant asks for it. 6
Maximum penalty--10 penalty units. 7
(6) Subsection (5) does not apply if the rent payment-- 8
(a) is made in cash; or 9
(b) is made by cheque and a receipt is given for the payment. 10
(7) A copy of a rent payment record asked for by a tenant must be given 11
within 7 days after the request is made. 12
(8) A receipt or rent payment record must state-- 13
(a) the tenant's name; and 14
(b) the address of the premises; and 15
(c) the date the payment is received; and 16
(d) the period for which the payment is made; and 17
(e) the amount of the payment; and 18
(f) that the payment is a payment of rent. 19
(9) This section does not apply-- 20
(a) if the lessor is the State; or 21
(b) to an agreement prescribed under the regulations. 22
of records 23
Keeping
51.(1) The lessor must keep, for at least the required period, for each 24
payment of rent under the agreement-- 25
(a) if a receipt was required to be given for the payment--a copy of 26
the receipt, or another appropriate written record of the payment; 27
or 28
s 52 37 s 53
Residential Tenancies
(b) if a receipt was not required to be given for the payment--the rent 1
payment record for the payment. 2
Maximum penalty--15 penalty units. 3
(2) The lessor is taken to comply with subsection (1) if the relevant 4
document is kept by the lessor's agent. 5
(3) For subsection (1), the "required period" is-- 6
(a) the period fixed under the regulations and ending more than 7
1 year after the agreement ends; or 8
(b) if a period is not fixed under the regulations--the period ending 9
1 year after the agreement ends. 10
misleading or incomplete rent records 11
False,
52.(1) In this section-- 12
"rent record" means a receipt, rent payment record or another record of a 13
rent payment. 14
(2) A person must not-- 15
(a) in a rent record, make an entry the person knows is false or 16
misleading in a material particular; or 17
(b) fail to enter a material particular in a rent record, unless the person 18
does not know, and cannot reasonably obtain, the necessary 19
information. 20
Maximum penalty--20 penalty units. 21
increases 22
Rent
53.(1) If the lessor proposes to increase the rent, the lessor must give 23
written notice of the proposal to the tenant. 24
(2) The notice must state-- 25
(a) the amount of the increased rent; and 26
(b) the day from when the increased rent is payable. 27
(3) The day stated must not be earlier than 1 month after the notice is 28
given. 29
s 54 38 s 55
Residential Tenancies
(4) The increased rent is payable from the day stated in the notice, and the 1
agreement is taken to be amended accordingly. 2
(5) However, if the agreement is a fixed term agreement, the rent may be 3
increased before the term ends only if the agreement-- 4
(a) provides for a rent increase; and 5
(b) states the amount of the increase or how the amount of the 6
increase is to be worked out. 7
(6) A rent increase is payable by the tenant only if the rent is increased 8
under this section. 9
(7) This section does not apply if the lessor is the State. 10
decreases 11
Rent
54.(1) This section applies if the premises-- 12
(a) are destroyed, or made completely or partly unfit to live in, in a 13
way that does not result from a breach of the agreement; or 14
(b) no longer may be used lawfully as a residence; or 15
(c) are appropriated or acquired compulsorily by an authority. 16
(2) The rent payable under the agreement decreases accordingly or, if an 17
order for a decrease in the rent is made by a tribunal, to the extent stated in 18
the order. 19
(3) A tribunal may make an order for a rent decrease only if-- 20
(a) the premises are partly unfit to live in; and 21
(b) an application is made to the tribunal by the tenant for the order. 22
of tenant's goods for rent etc. 23
Seizure
55.(1) A person must not seize or dispose of any of the goods of a tenant 24
as security for, or in payment of, rent payable under an agreement. 25
s 56 39 s 57
Residential Tenancies
Maximum penalty--10 penalty units. 1
(2) Subsection (1) does not apply to goods to which section 223 applies.5 2
3
Apportionment
56.(1) The rent payable under an agreement accumulates from day to 4
day. 5
(2) On termination of the agreement-- 6
(a) the rent is to be appropriately apportioned; and 7
(b) the appropriate amount is payable by or to the tenant. 8
(3) If there is a dispute between the lessor and tenant about the amount 9
payable, either party may apply to a tribunal and the tribunal may make any 10
order it considers appropriate about the payment of an amount by or to the 11
tenant. 12
ART 3--RENTAL BONDS 13
P
Division 1--Payments to Authority 14
of "rental bond" 15
Meaning
57.(1) A "rental bond" for an agreement is an amount-- 16
(a) paid by or for the tenant under the agreement; and 17
(b) made up of 1 or more of the following amounts-- 18
(i) an amount (other than rent paid in advance) intended to be 19
available for the financial protection of the lessor against the 20
tenant breaching the agreement; 21
(ii) key money for the agreement. 22
(2) In deciding whether an amount is a rental bond, it does not matter-- 23
5 Section 223 (Abandoned goods).
s 58 40 s 60
Residential Tenancies
(a) when the amount is paid; or 1
(b) if the amount is paid directly to the Authority. 2
(3) A "rental bond" includes a part of a rental bond. 3
of "key money" 4
Meaning
58.(1) "Key money" for an agreement is an amount (other than rent paid 5
in advance) paid with a view to ensuring the acceptance of a person as the 6
tenant under the agreement. 7
(2) In deciding whether an amount is key money, it does not matter-- 8
(a) how the amount is described in the agreement or arrangement 9
about the payment of the amount; or 10
(b) when the amount is paid; or 11
(c) to or by whom the amount is paid; or 12
(d) whether the payment secured for a person a benefit, even if the 13
benefit has a value proportionate to the amount paid. 14
15
Example of benefit under subsection (2)(d)--
16
A right to use a facility or receive a service.
to pay rental bond 17
Duty
59. A person receiving a rental bond must, within 10 days of receiving 18
it-- 19
(a) pay it to the Authority; and 20
(b) give the Authority a notice, in the approved form, about the rental 21
bond. 22
Maximum penalty--40 penalty units. 23
to pay rental bond if financial protection given 24
Duty
60.(1) This section applies to a lessor under an agreement if-- 25
(a) financial protection against a breach of the agreement by the 26
tenant is given to the lessor (whether by a guarantee or 27
s 61 41 s 62
Residential Tenancies
undertaking given by a financial institution or in another way); 1
and 2
(b) the financial protection is not given in the form of a rental bond; 3
and 4
(c) the maximum rental bond for the agreement is not paid. 5
(2) Within 10 days after the financial protection is given, the lessor must 6
pay to the Authority an amount equal to-- 7
(a) the maximum rental bond for the agreement; or 8
(b) if a rental bond less than the maximum rental bond has been 9
paid--the difference between the maximum rental bond and the 10
amount of rental bond actually paid. 11
Maximum penalty--40 penalty units. 12
(3) An amount paid, or required to be paid, by the lessor under 13
subsection (2) is taken to be a rental bond. 14
entitlement to interest 15
No
61. No one other than the Authority has legal or beneficial entitlement to 16
an amount earned on the investment of a rental bond held by the Authority. 17
of rental bond 18
Continuance
62.(1) This section applies if-- 19
(a) the Authority holds a rental bond for an agreement; and 20
(b) the agreement ends; and 21
(c) the tenant continues occupying the premises under another 22
agreement (the "new agreement") with the lessor; and 23
(d) the Authority does not receive an application for payment of the 24
rental bond. 25
(2) The rental bond is taken to be a rental bond for the new agreement. 26
s 63 42 s 67
Residential Tenancies
Division 2--Payments by Authority 1
of Division 2
Purpose
63. This Division deals with the payment by the Authority of rental 3
bonds held by it. 4
payment 5
Making
64. The Authority may pay a rental bond only under this Division. 6
for payment 7
Application
65. An application to the Authority for payment of a rental bond must be 8
made in the approved form. 9
to party on joint application or other party's direction 10
Payment
66. The Authority must pay a rental bond in the way directed by an 11
application if the application is made-- 12
(a) jointly by the lessor and tenant; or 13
(b) by the lessor and directs that payment be made to the tenant only; 14
or 15
(c) by the tenant and directs that payment be made to the lessor only. 16
to lessor on lessor's own direction 17
Payment
67.(1) This section applies if-- 18
(a) an application for the payment of a rental bond is made to the 19
Authority by the lessor only; and 20
(b) the application directs that a payment be made to the lessor. 21
(2) The Authority-- 22
(a) must-- 23
(i) give the tenant written notice (the "Authority's notice") of 24
the application; and 25
s 68 43 s 68
Residential Tenancies
(ii) if the application also directs that a payment be made to the 1
tenant--make the payment to the tenant; and 2
(b) may make the payment to the lessor. 3
(3) However, the Authority may make the payment to the lessor only 4
if-- 5
(a) the tenant does not, within the allowed period6-- 6
(i) apply to a tribunal for an order about the payment;7 and 7
(ii) give the Authority a written notice (the "tenant's notice") 8
informing it of the application; or 9
(b) after the application is made, and the tenant's notice is given, 10
under paragraph (a)--the application is withdrawn. 11
to tenant on tenant's own direction 12
Payment
68.(1) This section applies if-- 13
(a) an application for the payment of a rental bond is made to the 14
Authority by the tenant only; and 15
(b) the application directs that a payment be made to the tenant. 16
(2) The Authority-- 17
(a) must-- 18
(i) give the lessor written notice ("Authority's notice") of the 19
application; and 20
(ii) if the application also directs that a payment be made to the 21
lessor--make the payment to the lessor; and 22
(b) may make the payment to the tenant. 23
(3) However, the Authority may make the payment to the tenant only 24
if-- 25
6 See section 69 (Allowed period for tenant's and lessor's notices).
7 Under section 234 a reference to making an application to the tribunal includes a
reference to giving a mediation notice to the Authority.
s 69 44 s 71
Residential Tenancies
(a) the lessor does not, within the allowed period8-- 1
(i) apply to a tribunal for an order about the payment;9 and 2
(ii) give the Authority a written notice ("lessor's notice") 3
informing it of the application; or 4
(b) after the application is made, and the lessor's notice is given, 5
under paragraph (a)--the application is withdrawn. 6
period for tenant's and lessor's notices 7
Allowed
69. For sections 67 and 68,10 the "allowed period" is-- 8
(a) 14 days after the giving of the Authority's notice; or 9
(b) if a longer period is prescribed under the regulations--the longer 10
period. 11
under tribunal order 12
Payment
70.(1) This section applies if-- 13
(a) a tribunal makes an order about payment of a rental bond; and 14
(b) the Authority is given a copy of the order. 15
(2) The Authority must pay the rental bond in accordance with the order. 16
to cotenants 17
Payment
71.(1) This section applies if, under a residential tenancy agreement-- 18
(a) there are cotenants; and 19
(b) the cotenants contributed to a rental bond or, under the 20
8 See section 69 (Allowed period for tenant's and lessor's notices)
9 Under section 234 a reference to making an application to the tribunal includes a
reference to giving a mediation notice to the Authority.
10 Section 67 (Payment to lessor on lessor's own direction) and 68 (Payment to
tenant on tenant's own direction).
s 72 45 s 73
Residential Tenancies
regulations, are taken to have contributed to a rental bond. 1
(2) The Authority must pay the rental bond to the cotenants-- 2
(a) if the cotenants agree in writing about the proportions in which 3
the rental bond is to be paid--in the agreed proportions; or 4
(b) if the cotenants do not agree, but the amount contributed by each 5
cotenant is stated on the receipt for the rental bond--in the 6
proportions in which the rental bond was contributed; or 7
(c) in any other case--in equal proportions. 8
(3) However, if, on an application made to a tribunal by a cotenant, the 9
tribunal makes an order about the payment of the rental bond to the 10
cotenants, the Authority must pay the rental bond in accordance with the 11
order. 12
to rental bond supplier 13
Payment
72.(1) This section applies if-- 14
(a) the rental bond is payable to the tenant; but 15
(b) the Authority is satisfied a person paid the rental bond direct to it 16
as assistance to the tenant. 17
(2) The Authority must pay the rental bond to the person (the "rental 18
bond supplier") and not the tenant. 19
affecting payment 20
Limitation
73.(1) The Authority must not pay a rental bond if it knows-- 21
(a) the lessor or tenant has given a notice to leave, or notice of 22
intention to leave, the premises; and 23
(b) the handover day for the notice has not arrived. 24
(2) However, subsection (1) does not prevent the Authority making a 25
payment it may make without giving notice to the lessor or tenant. 26
s 74 46 s 76
Residential Tenancies
of application for payment 1
Discontinuance
74.(1) The Authority must stop dealing with an application for the 2
payment of a rental bond if-- 3
(a) the application is made by the lessor or tenant, but not both; and 4
(b) the application is withdrawn before the Authority makes a 5
payment as directed in the application. 6
(2) If an application for the payment of a rental bond is made jointly by 7
the lessor and tenant and 1 of the parties withdraws from the application, the 8
Authority must deal with the application as an application made by the other 9
party. 10
under person's direction 11
Payment
75.(1) If the Authority is required to pay a rental bond to a person, the 12
Authority may make the payment in accordance with the person's 13
directions. 14
(2) However, if the payment is required to be made to the tenant, the 15
Authority may make the payment to a person other than the tenant only if, 16
under the regulations, the person is taken to have contributed to the rental 17
bond. 18
(3) Subsection (2) is subject to section 72.11 19
(4) Also, if the payment is required to be made to the lessor, the 20
Authority may make the payment only to the lessor or the lessor's agent. 21
Division 3--Enforcement provisions 22
23
Receipt
76.(1) A lessor or lessor's agent receiving a rental bond must give a 24
receipt for the rental bond as required by this section. 25
Maximum penalty--10 penalty units. 26
(2) The receipt must-- 27
11 Section 72 deals with payment to a rental bond supplier.
s 77 47 s 77
Residential Tenancies
(a) be given to the person paying the rental bond when the rental 1
bond is received; and 2
(b) be signed by the person receiving the rental bond. 3
(3) The receipt must state the following-- 4
(a) the name of the person receiving the rental bond; 5
(b) the tenant's name and, if the person receiving the bond is not the 6
lessor, the lessor's name; 7
(c) the address of the premises for which the bond is paid; 8
(d) the date the bond is received; 9
(e) the amount of the bond; 10
(f) if there are cotenants and the cotenants tell the person receiving 11
the bond the proportions in which the bond is paid--the amount 12
paid by each cotenant. 13
(4) The person giving the receipt must keep a copy of it for at least 1 year 14
after the agreement ends. 15
Maximum penalty for subsection (4)--10 penalty units. 16
above maximum amount 17
Payments
77.(1) A person must not require payment of, or accept, a rental bond 18
more than, or amounts as rental bond totalling more than, the maximum 19
rental bond for the agreement. 20
Maximum penalty--20 penalty units. 21
(2) Subsection (1) does not apply if the weekly rent under the agreement 22
is more than-- 23
(a) the amount prescribed under the regulations; or 24
(b) if an amount is not prescribed--$300. 25
s 78 48 s 80
Residential Tenancies
for payment if guilty of offence 1
Order
78.(1) If a person is found guilty of an offence against section 59 or 60,12 2
the court making the finding may order the person to pay to the Authority, 3
within a stated time, an amount equal to the rental bond. 4
(2) The court may make the order as well as imposing a penalty for the 5
offence. 6
(3) An amount ordered to be paid by a person may be recovered by the 7
Authority as a debt owing to it by the person. 8
(4) Subsection (1) does not limit the court's powers under the Penalties 9
and Sentences Act 1992 or another law. 10
Division 4--Accounts and investments 11
12
Accounts
79.(1) The Authority must keep-- 13
(a) a rental bond account; and 14
(b) a rental bond interest account. 15
(2) The accounts are in addition to other accounts the Authority is 16
required or permitted to keep under this or another Act. 17
bond account 18
Rental
80.(1) The Authority must pay into the rental bond account all rental 19
bonds it receives. 20
(2) The Authority may pay only the following amounts out of the rental 21
bond account-- 22
(a) amounts payable under Division 2;13 23
12 Section 59 (Duty to pay rental bond) or 60 (Duty to pay rental bond if financial
protection given).
13 Division 2 (Payments by Authority).
s 81 49 s 83
Residential Tenancies
(b) amounts invested under guidelines approved by the Governor in 1
Council for making investments from the account. 2
bond interest account 3
Rental
81.(1) The Authority must pay into the rental bond interest account all 4
amounts earned on investments or loans made by it. 5
(2) The Authority may pay only the following amounts out of the rental 6
bond interest account-- 7
(a) amounts to meet the cost of performing its functions under this 8
Act; 9
(b) amounts invested under guidelines approved by the Governor in 10
Council for making investments from the account; 11
(c) amounts paid out under another provision of this Act. 12
payments from rental bond interest account 13
Other
82.(1) The Authority may make payments from its rental bond interest 14
account (whether by way of grant or loan) for-- 15
(a) establishing or administering rental advisory services; or 16
(b) establishing schemes for supplying residential accommodation; 17
or 18
(c) researching, or setting up projects about improving, relationships 19
between lessors and tenants. 20
(2) However, the Authority may make a payment under subsection (1) 21
only with the Minister's agreement. 22
Division 5--Miscellaneous 23
in rental bond 24
Increase
83. The tenant must increase a rental bond if-- 25
(a) the rent payable under the agreement increases; and 26
s 84 50 s 85
Residential Tenancies
(b) the lessor gives written notice to the tenant to increase the rental 1
bond; and 2
(c) the notice is given at least 11 months after-- 3
(i) the agreement started; or 4
(ii) if the rental bond has been increased previously--the notice 5
was given under this section for the previous increase; and 6
(d) the notice states the day by which the increase must be made; and 7
(e) the day stated is at least 1 month after the tenant is given the 8
notice about the increase. 9
bond resulting from rent decrease 10
Rental
84.(1) This section applies if, in the first 6 months of the term of an 11
agreement, the rent payable under the agreement decreases or is decreased. 12
(2) The amount paid as rent in the 6 month period above the amount that 13
would have been payable if the lower, or lowest, amount of rent payable in 14
the period had applied for the full period is, subject to an order of a tribunal, 15
taken to be a payment of a rental bond. 16
(3) If the lessor disputes the amount being treated as a rental bond, the 17
lessor may, within 7 days after the end of the 6 month period, apply to a 18
tribunal and the tribunal may make an order declaring the amount, or a part 19
of the amount, is, or is not, a rental bond. 20
(4) If, because of subsection (2), a rental bond above the maximum 21
rental bond is paid, the Authority must pay the amount to the tenant on 22
payment of the excess amount to it. 23
PART 4--HOLDING DEPOSITS 24
of holding deposits 25
Payment
85. A person may require a prospective tenant to pay, or accept from a 26
prospective tenant, a holding deposit for a tenancy of premises. 27
s 86 51 s 87
Residential Tenancies
for holding deposits 1
Receipts
86.(1) A person receiving a holding deposit must give a receipt for the 2
deposit as required by this section. 3
Maximum penalty--10 penalty units. 4
(2) The receipt must-- 5
(a) be given to the person paying the deposit when the deposit is 6
received; and 7
(b) be signed by the person receiving the deposit. 8
(3) The receipt must state the following-- 9
(a) the name of the person receiving the deposit; 10
(b) the tenant's name and, if the person receiving the deposit is not 11
the lessor, the lessor's name; 12
(c) the address of the premises for which the deposit is paid; 13
(d) the date the deposit is received; 14
(e) the amount of the deposit; 15
(f) that the payment is a holding deposit; 16
(g) when the option to enter into an agreement may be exercised. 17
and obligations about holding deposits 18
Rights
87.(1) A holding deposit paid to or for a prospective lessor of residential 19
premises is forfeited to the prospective lessor if-- 20
(a) the prospective tenant does not, within the option period-- 21
(i) exercise the option to enter into an agreement for the 22
premises; or 23
(ii) notify the prospective lessor of the intention not to exercise 24
the option; or 25
(b) having exercised the option, the prospective tenant fails to take all 26
necessary and reasonable steps to enter into the agreement. 27
(2) If the holding deposit is not forfeited but the agreement is not entered 28
into, the prospective lessor must refund the deposit to the prospective tenant 29
s 88 52 s 89
Residential Tenancies
within 3 days after the prospective tenant notifies the prospective lessor of 1
the intention not to exercise the option. 2
(3) If the holding deposit is not refunded, it may be recovered by the 3
prospective tenant as a debt owing by the prospective lessor to the tenant. 4
(4) If the prospective tenant exercises the option, the prospective lessor 5
must take all necessary and reasonable steps to enter into the agreement. 6
Maximum penalty--20 penalty units. 7
(5) If the agreement is entered into-- 8
(a) the holding deposit must be applied in full or part payment of the 9
rental bond for the agreement; and 10
(b) if an amount remains from the deposit after payment of the rental 11
bond--the amount must be applied in payment of rent. 12
of tribunal 13
Orders
88. If an application is made to a tribunal by a person by or to whom a 14
holding deposit is paid, the tribunal may make any order it considers 15
appropriate about the forfeiture, refunding or application of the deposit. 16
PART 5--OUTGOINGS OF LESSOR 17
other than service charges 18
Outgoings
89.(1) The lessor must pay all charges, levies, premiums, rates or taxes 19
payable for the premises. 20
(2) This section does not apply if-- 21
(a) the lessor is the State; and 22
(b) rent is not payable under the agreement; and 23
(c) the tenant is an entity receiving financial or other assistance from 24
the State to supply rented accommodation to persons. 25
s 90 53 s 91
Residential Tenancies
of "service charge" 1
Meaning
90.(1) For premises that are not moveable dwelling premises in a 2
moveable dwelling park, a "service charge" is a charge payable by a 3
person as owner or occupier of premises for-- 4
(a) electricity, gas or excess water supplied to the premises; or 5
(b) another service or facility, prescribed under the regulations, 6
supplied to, or used at, the premises. 7
(2) For premises that are moveable dwelling premises in a moveable 8
dwelling park, a "service charge" is a charge payable by a person as owner 9
or occupier of premises for-- 10
(a) electricity, gas or water, or a sewerage service, supplied to, or 11
used at, the premises or park; or 12
(b) another service or facility, prescribed under the regulations, 13
supplied to, or used at, the premises or park. 14
charges generally 15
Service
91.(1) This section applies to premises that are not moveable dwelling 16
premises if the tenant is required to pay an amount for the lessor's 17
outgoings for a service charge for the premises because the tenant is 18
enjoying or sharing the benefit of the relevant service or facility. 19
(2) If the premises are not individually metered for the service or facility, 20
the tenant may be required to pay an amount for the outgoings only if the 21
agreement states-- 22
(a) the service or facility for which the outgoings are payable; and 23
(b) how the apportionment of the outgoings to the tenant will be 24
worked out; and 25
(c) how the outgoings may be recovered by the lessor from the 26
tenant. 27
(3) The tenant may not be required to pay an amount for the outgoings 28
that is more than-- 29
(a) if the premises are not individually metered--the amount worked 30
out under the agreement; or 31
s 92 54 s 93
Residential Tenancies
(b) if the premises are individually metered and-- 1
(i) a way for working out the amount payable by the tenant is 2
prescribed under the regulations--the amount worked out in 3
the way prescribed; or 4
(ii) a way is not prescribed--the amount charged by the relevant 5
supply authority for the quantity of the thing, or the service 6
or facility, supplied to, or used at, the premises. 7
charges for moveable dwelling premises individually metered 8
Service
92.(1) This section applies to moveable dwelling premises if the tenant is 9
required to pay an amount for the lessor's outgoings for a service charge for 10
the premises because the tenant is enjoying or sharing the benefit of the 11
relevant service or facility. 12
(2) The tenant may be required to pay an amount for the outgoings only 13
if the premises are individually metered for the service or facility. 14
(3) The tenant must not be required to pay an amount for the outgoings 15
that is more than-- 16
(a) if a way for working out the amount payable by the tenant is 17
prescribed under the regulations--the amount worked out in the 18
way prescribed; or 19
(b) if a way is not prescribed--the amount charged by the relevant 20
supply authority for the quantity of the thing, or the service or 21
facility, supplied to, or used at, premises. 22
charges absorbed in rent for moveable dwelling premises 23
Service
93.(1) This section applies to moveable dwelling premises if the tenant is 24
not required to pay an amount for the lessor's outgoings for a service 25
charge for the premises, even though the tenant is enjoying or sharing the 26
benefit of the relevant service or facility. 27
(2) If-- 28
(a) a service or facility becomes unavailable for use by the tenant 29
because of action taken by the lessor; and 30
(b) it is a service or facility for which an amount of rent is 31
s 94 55 s 94
Residential Tenancies
attributable; 1
reduced rent is payable under the agreement from the day the service or 2
facility ceases to be available, and the agreement is taken to be amended 3
accordingly. 4
(3) The reduced rent is the amount of rent payable under the agreement 5
immediately before the service or facility became unavailable, reduced by-- 6
(a) the amount agreed on by the lessor and tenant as reflecting the 7
amount of rent attributable to the service or facility; or 8
(b) if they do not agree on an amount--the amount decided by a 9
tribunal as reflecting the amount of rent attributable to the service 10
or facility. 11
(4) If the tenant asks the lessor for details of the amount of the rent 12
attributable to service charges for the premises, the lessor must give the 13
tenant a written statement showing-- 14
(a) each service or facility for which an amount of rent is attributable; 15
and 16
(b) the amount attributed to the service or facility. 17
of tribunal 18
Orders
94.(1) This section applies if the lessor and tenant do not agree about-- 19
(a) the amount of the lessor's outgoings for a service charge payable 20
by the tenant; or 21
(b) the amount of the reduced rent payable under the agreement 22
because a service or facility ceases to be available for use by the 23
tenant. 24
(2) Either party may apply to a tribunal for a decision about the amount 25
payable. 26
(3) For an application about outgoings, the tribunal may, in addition to 27
deciding the amount of the outgoings payable by the tenant, make an order 28
requiring payment of the amount by the tenant. 29
(4) For an application about reduced rent, the tribunal may, as well as 30
deciding the amount of the reduced rent payable under the agreement, make 31
s 95 56 s 97
Residential Tenancies
any order it considers appropriate about rent paid, or payable, under the 1
agreement. 2
ART 6--PENALTIES AND PREMIUMS 3
P
contracts prohibited 4
Collateral
95. A person (the "proposer") must not require another person (the 5
"prospective tenant") to agree to buy goods or services from the proposer 6
or someone else as a condition of the prospective tenant being accepted as 7
the tenant under an agreement. 8
Maximum penalty--20 penalty units. 9
requiring payment of penalty etc. void 10
Terms
96.(1) A term of an agreement is void to the extent it provides that, if the 11
tenant breaches the agreement or this or another Act, the tenant is liable to 12
pay-- 13
(a) all or a part of the rent remaining payable under the agreement; or 14
(b) increased rent; or 15
(c) an amount as a penalty; or 16
(d) an amount as liquidated damages. 17
(2) A lessor must not require a tenant to enter into an agreement 18
containing a term that is void under subsection (1). 19
Maximum penalty--20 penalty units. 20
about rent reductions etc. 21
Terms
97.(1) This section applies to a term of an agreement providing that, if 22
the tenant does not breach the agreement or this or another Act-- 23
(a) the rent will, or may be, reduced; or 24
(b) the tenant will, or may be, given or paid a rebate or refund of rent 25
s 98 57 s 98
Residential Tenancies
or other benefit. 1
(2) However, this section does not apply to a term of a residential 2
tenancy agreement providing only that, if the tenant pays the rent before or 3
when it is payable-- 4
(a) the rent will, or may be, reduced; or 5
(b) the tenant will, or may be, given or paid a rebate or refund of rent 6
or other benefit. 7
(3) A term to which this section applies is taken to be varied so that the 8
tenant is entitled immediately to the reduction, rebate, refund or other 9
benefit. 10
(4) A variation is taken to be made on the commencement of the 11
agreement, or the application of this section to the agreement, whichever 12
happens later. 13
(5) In this section-- 14
"term" includes part of a term. 15
for letting moveable dwelling premises 16
Premiums
98.(1) This section applies only to moveable dwelling premises in a 17
moveable dwelling park. 18
(2) A person must not require someone else to pay, or accept from 19
someone else an amount-- 20
(a) for accepting the other person as a tenant under a long tenancy 21
(moveable dwelling); and 22
(b) for which the other person does not receive a benefit as tenant. 23
Maximum penalty--20 penalty units. 24
s 99 58 s 102
Residential Tenancies
HAPTER 3--RIGHTS AND OBLIGATIONS OF 1
C
LESSORS AND TENANTS 2
ART 1--OCCUPATION AND USE OF THE 3
P
PREMISES 4
impediments to occupation as residence 5
Legal
99.(1) The lessor must ensure there is no legal impediment to occupation 6
of the premises by the tenant as a residence for the term of the tenancy. 7
(2) Subsection (1) applies only to legal impediments the lessor knew 8
about, or ought reasonably to have known about, when entering into the 9
agreement. 10
possession 11
Vacant
100.(1) The lessor must ensure the tenant has vacant possession of the 12
premises on the day the tenant is entitled to occupy the premises under the 13
agreement. 14
(2) Subsection (1) does not apply to any part of the premises to which 15
the tenant does not have a right of exclusive occupation. 16
enjoyment 17
Quiet
101.(1) The lessor must take reasonable steps to ensure the tenant has 18
quiet enjoyment of the premises. 19
(2) The lessor or lessor's agent must not interfere with the reasonable 20
peace, comfort or privacy of the tenant in using the premises. 21
Maximum penalty for subsection (2)--20 penalty units. 22
use of premises 23
Tenant's
102. The tenant must not-- 24
s 103 59 s 104
Residential Tenancies
(a) use the premises for an illegal purpose; or 1
(b) cause a nuisance by the use of the premises; or 2
(c) interfere with the reasonable peace, comfort or privacy of a 3
neighbour of the tenant. 4
ART 2--GENERAL STANDARD OF THE PREMISES 5
P
obligations generally 6
Lessor's
103.(1) This section does not apply to an agreement if-- 7
(a) the premises are moveable dwelling premises consisting only of 8
the site for the dwelling; and 9
(b) the tenancy is a long tenancy (moveable dwelling). 10
(2) At the start of the tenancy, the lessor must ensure-- 11
(a) the premises and inclusions are reasonably clean; and 12
(b) the premises are fit for the tenant to live in; and 13
(c) the premises and inclusions are in a reasonable state of repair, 14
having regard to the age of, rent payable for, and expected life of, 15
the premises or inclusions. 16
(3) While the tenancy continues, the lessor must maintain the premises 17
and inclusions in a reasonable state of repair, having regard to the matters 18
mentioned in subsection (2)(c). 19
obligations for facilities in moveable dwelling parks 20
Lessor's
104.(1) This section applies only to an agreement for moveable dwelling 21
premises in a moveable dwelling park. 22
(2) However, this section does not apply if the lessor is a mobile home 23
occupier for the premises. 24
(3) At the start of the tenancy, the lessor must ensure the facilities in the 25
park are clean and in a reasonable state of repair, having regard to the rent 26
s 105 60 s 106
Residential Tenancies
payable for the premises and the age, and expected life, of the facilities. 1
(4) While the tenancy continues, the lessor must keep the facilities clean 2
and maintain them in a reasonable state of repair, having regard to the 3
matters mentioned in subsection (3). 4
(5) Subsections (3) and (4) apply only to facilities that are necessary and 5
reasonable to make the park a fit place in which to live in a moveable 6
dwelling. 7
obligations for moveable dwelling site 8
Lessor's
105.(1) This section applies to an agreement only if-- 9
(a) the premises are moveable dwelling premises consisting only of 10
the site for the dwelling; and 11
(b) the tenancy is a long tenancy (moveable dwelling). 12
(2) At the start of the tenancy, the lessor must ensure the premises are 13
reasonably clean and are a fit site for a moveable dwelling. 14
(3) While the tenancy continues, the lessor-- 15
(a) must ensure the premises remain a fit site for a moveable 16
dwelling; and 17
(b) may make any improvements to the premises the lessor 18
considers appropriate. 19
obligations generally 20
Tenant's
106.(1) This section does not apply to an agreement if-- 21
(a) the premises are moveable dwelling premises consisting only of 22
the site for the dwelling; and 23
(b) the tenancy is a long tenancy (moveable dwelling). 24
(2) The tenant-- 25
(a) must keep the premises and inclusions reasonably clean, having 26
regard to their condition at the start of the residential tenancy; and 27
(b) must not intentionally or negligently damage the premises or 28
inclusions. 29
s 107 61 s 109
Residential Tenancies
(3) At the end of the tenancy, the tenant must leave the premises and 1
inclusions, as far as possible, in the same condition they were in at the start 2
of the tenancy, fair wear and tear excepted. 3
obligations for facilities in moveable dwelling parks 4
Tenant's
107.(1) This section applies only to an agreement for moveable dwelling 5
premises in a moveable dwelling park. 6
(2) The tenant must not-- 7
(a) do anything to a facility in the park that makes the facility unfit for 8
use or detracts from its appearance; or 9
(b) intentionally or negligently damage a facility in the park. 10
obligation for moveable dwelling site 11
Tenant's
108.(1) This section applies-- 12
(a) to an agreement for moveable dwelling premises consisting only 13
of the site for the dwelling; and 14
(b) if the tenancy is a long tenancy (moveable dwelling). 15
(2) The tenant must keep the premises in a way that does not detract 16
from the general standards of the moveable dwelling park, or other general 17
area, where the premises are situated. 18
(3) The tenant's obligation applies having regard to the condition of the 19
premises at the start of the tenancy and any improvements made later by the 20
lessor. 21
PART 3--LESSOR'S RIGHT OF ENTRY 22
for entry 23
Grounds
109. The lessor or lessor's agent may enter the premises only-- 24
(a) to inspect the premises; or 25
s 110 62 s 110
Residential Tenancies
(b) to make routine repairs to, or carry out maintenance of, the 1
premises; or 2
(c) to show the premises to a prospective purchaser or tenant; or 3
(d) to allow a valuation of the premises to be carried out; or 4
(e) if the lessor or agent believes, on reasonable grounds, the 5
premises have been abandoned; or 6
(f) if the tenant agrees; or 7
(g) in an emergency; or 8
(h) if the lessor or agent believes on reasonable grounds that the entry 9
is necessary to protect the premises or inclusions from imminent 10
or further damage. 11
12
Example of entry in an emergency--
13
To make emergency repairs to the roof of the premises.
of entry 14
Notice
110.(1) The lessor or agent may enter the premises under section 109(a) 15
to (e) only if-- 16
(a) the lessor or agent has given notice of the proposed entry (the 17
"entry notice") to the tenant; and 18
(b) the entry notice is in the approved form; and 19
(c) the entry notice is given-- 20
(i) for an entry under section 109(a) if the tenancy is not a short 21
tenancy (moveable dwelling)--at least 7 days before 22
entering the premises; or 23
(ii) for another entry--at least 24 hours before entering the 24
premises. 25
(2) An entry under section 109(g) or (h) may be made without giving the 26
tenant notice of the proposed entry. 27
(3) Despite subsection (1), the lessor or agent may enter the premises 28
under section 109(b) without giving the entry notice if it is not practicable to 29
give the notice because of-- 30
s 111 63 s 111
Residential Tenancies
(a) the remoteness of the premises; and 1
(b) the shortage in the general area of the premises of a suitably 2
qualified tradesperson or other person needed to make the repairs 3
or carry out the maintenance. 4
(4) If the lessor or agent-- 5
(a) proposes to enter the premises under section 109(e); and 6
(b) has been unable to contact the tenant after making reasonable 7
efforts; 8
the lessor or agent may give the entry notice to the tenant by fixing the 9
notice in a secure way to a conspicuous part of the premises. 10
qualifications about entry 11
General
111.(1) If the agent is not the agent to whom the tenant normally pays the 12
rent, the agent may enter the premises under section 109(a) to (e) only if-- 13
(a) the tenant agrees; or 14
(b) the agent produces for the tenant's inspection written evidence of 15
the agent's appointment; or 16
(c) for an entry under section 109(e) the tenant does not respond to 17
the entry notice within a reasonable time. 18
(2) An entry under section 109(a) to (e) must be made at a reasonable 19
time. 20
(3) The lessor or agent may enter the premises under section 109(c) only 21
if-- 22
(a) 1 of the following notices is given to the tenant before, or when, 23
giving the entry notice-- 24
(i) a notice in the approved form of the lessor's intention to sell 25
the premises; or 26
(ii) a notice to leave the premises; or 27
(b) a notice of intention to leave the premises has been given to the 28
lessor by the tenant. 29
(4) The lessor or agent may enter the premises under section 109(f) only 30
s 112 64 s 114
Residential Tenancies
at a time agreed with the tenant. 1
(5) The lessor or agent may enter the premises with someone else if it is 2
necessary to achieve the purpose of the entry. 3
(6) Without limiting subsection (5), the lessor or agent may enter 4
premises under section 109(h) with a police officer. 5
of entry 6
Rules
112. The rights and obligations under sections 109, 110 and 11114 about 7
the entry of premises are called the "rules of entry". 8
under order of tribunal 9
Entry
113.(1) This section applies if, on an application made to a tribunal by the 10
lessor or tenant, the tribunal is satisfied-- 11
(a) the tenant has not allowed the lessor or lessor's agent to enter the 12
premises under the rules of entry; or 13
(b) the lessor or lessor's agent has entered the premises in 14
contravention of the rules of entry. 15
(2) The tribunal may change the rules of entry in the way it considers 16
appropriate. 17
(3) If the tribunal changes the rules on the ground mentioned in 18
subsection (1)(a), the lessor or lessor's agent may enter the premises under 19
the rules of entry or the rules of entry as changed. 20
(4) If the tribunal makes an order on the ground mentioned in 21
subsection (1)(b), the lessor or lessor's agent may enter the premises only 22
under the rules as changed. 23
entry of premises 24
Unlawful
114. The lessor or lessor's agent, must not enter the premises in 25
14 Section 109 (Grounds for entry).
Section 110 (Notice of entry).
Section 111 (General qualifications about entry).
s 115 65 s 116
Residential Tenancies
contravention of-- 1
(a) the rules of entry; or 2
(b) if the rules have been changed by a tribunal--the rules of entry as 3
changed. 4
Maximum penalty--20 penalty units. 5
PART 4--PERSONAL DETAILS OF THE PARTIES 6
AND AGENTS 7
name and other details 8
Tenant's
115.(1) If the lessor or the lessor's agent asks the tenant the tenant's 9
name or place of employment, the tenant must not give a false name or 10
place of employment. 11
Maximum penalty--20 penalty units. 12
(2) When handing over possession of the premises, the tenant must tell 13
the lessor or lessor's agent the tenant's new residential or postal address, 14
unless the tenant has a reasonable excuse for not telling the lessor or agent 15
the new address. 16
Maximum penalty--20 penalty units. 17
(3) Subsection (2) applies only if the lessor or lessor's agent asks the 18
tenant in writing to state the new address. 19
or agent's name and other details 20
Lessor's
116.(1) On or before the day the tenant starts occupying the premises, the 21
lessor must give a written notice to the tenant stating-- 22
(a) the lessor's name and address for service; and 23
(b) if the lessor has an agent who is authorised to stand in the lessor's 24
place in a proceeding prescribed under the regulations (the 25
"prescribed proceeding")--the agent's name and address for 26
service. 27
s 117 66 s 118
Residential Tenancies
Maximum penalty--20 penalty units. 1
(2) If a detail mentioned in the notice changes, the lessor must give 2
written notice of the change to the tenant within 14 days after the change. 3
Maximum penalty--20 penalty units. 4
(3) If details of the lessor's agent are given to the tenant under this 5
section, the agent stands in the lessor's place for a prescribed proceeding 6
and, for example-- 7
(a) the proceeding may be taken against the agent as if the agent were 8
the lessor; and 9
(b) a tribunal may make an order against the agent as if the agent 10
were the lessor; and 11
(c) settlement may be made with the agent as if the agent were the 12
lessor. 13
PART 5--THE DWELLING 14
1--Fixtures and structural changes 15
Division
fixtures and making structural changes 16
Attaching
117. The tenant may attach a fixture, or make a structural change, to the 17
premises only if the lessor agrees to the fixture's attachment or structural 18
change. 19
about fixtures and structural changes 20
Agreement
118.(1) The lessor's agreement to the attaching of a fixture, or making of 21
a structural change, must-- 22
(a) be in writing; and 23
(b) describe the nature of the fixture or change; and 24
(c) include any terms of the agreement. 25
s 119 67 s 119
Residential Tenancies
(2) For an agreement about attaching a fixture to premises, the terms 1
may include terms about-- 2
(a) whether the tenant may remove the fixture; and 3
(b) if removal by the tenant is allowed-- 4
(i) when and how the removal may be performed; and 5
(ii) the obligation of the tenant to repair any damage caused to 6
the premises in the removal or compensate the lessor for the 7
lessor's reasonable costs of repairing the damage; and 8
(c) if removal by the tenant is not allowed--the obligation of the 9
lessor to compensate the tenant for any improvement the fixture 10
makes to the premises. 11
(3) The lessor must not act unreasonably in failing to agree to the 12
attaching of a fixture, or the making of a structural change, to the premises. 13
(4) If the lessor agrees to a fixture being attached, or a structural change 14
being made, to the premises by the tenant, the tenant must not contravene a 15
term of the agreement. 16
fixture or making structural change without lessor's 17
Attaching
agreement 18
119.(1) If the tenant attaches a fixture, or makes a structural change, to 19
the premises without the lessor's agreement, the lessor may-- 20
(a) waive the breach; and 21
(b) treat the fixture or change as an improvement to the premises for 22
the lessor's benefit. 23
(2) The lessor may take the action under subsection (1) instead of taking 24
action for a breach of a term of the residential tenancy agreement by the 25
tenant. 26
s 120 68 s 122
Residential Tenancies
2--Locks and keys 1
Division
of locks and keys 2
Supply
120. The lessor must-- 3
(a) supply and maintain the locks that are necessary to ensure the 4
premises are reasonably secure; and 5
(b) give a key for each lock to the tenant. 6
locks 7
Changing
121.(1) If the lessor or tenant changes a lock, the party must give to the 8
other party a key for the changed lock, unless-- 9
(a) the other party agrees to not being given a key; or 10
(b) a tribunal orders that a key not be given. 11
(2) However, the lessor or tenant may change a lock only if-- 12
(a) the party has a reasonable excuse for making the change; or 13
(b) the other party agrees to the change. 14
(3) Without limiting subsection (2)(a), it is a reasonable excuse for the 15
lessor or tenant to change a lock if it is changed in an emergency or under 16
an order of a tribunal. 17
(4) This section does not apply if the lessor is the State. 18
about changing locks 19
Agreement
122.(1) The lessor or tenant must not act unreasonably in failing to agree 20
to the change of a lock. 21
(2) The changing of a lock by the lessor or tenant without the other 22
party's agreement is evidence the party did not have a reasonable excuse for 23
making the change. 24
(3) Subsection (1) does not apply if the lessor is the State. 25
s 123 69 s 125
Residential Tenancies
of tribunal 1
Orders
123. If an application is made to a tribunal by the lessor or tenant about a 2
lock or key for the premises, the tribunal may make any of the following 3
orders-- 4
(a) an order authorising the lessor or tenant to change a lock of the 5
premises; 6
(b) an order that the lessor or tenant is not required to give to the 7
other party a key to a lock of the premises; 8
(c) an order requiring the lessor or tenant to give to the other party a 9
key to a lock of the premises. 10
3--Damage and repairs 11
Division
repairer for emergency repairs 12
Nominated
124.(1) The lessor may nominate a person (the "nominated repairer)-- 13
(a) to act for the lessor in arranging for emergency repairs, or 14
emergency repairs of a particular type, to be made of the premises 15
or inclusions; or 16
(b) to make emergency repairs, or emergency repairs of a particular 17
type, of the premises or inclusions for the lessor. 18
(2) The nominated repairer may be stated in the agreement or a written 19
notice given by the lessor to the tenant. 20
(3) The agreement or notice must state whether or not the nominated 21
repairer is the tenant's first point of contact for notifying the need for 22
emergency repairs. 23
(4) The lessor must give written notice to the tenant of any change of the 24
lessor's nominated repairer. 25
of damage 26
Notice
125.(1) If the tenant knows the premises or inclusions have been 27
damaged, the tenant must give notice as soon as practicable of the damage. 28
(2) If the premises or inclusions need routine repairs, the notice must be 29
s 126 70 s 127
Residential Tenancies
given to the lessor. 1
(3) If the premises or inclusions need emergency repairs, the notice must 2
be given to the lessor if-- 3
(a) there is no nominated repairer for the repairs; or 4
(b) a nominated repairer for the repairs is not the tenant's first point 5
of contact; or 6
(c) a nominated repairer for the repairs is the tenant's first point of 7
contact but the tenant has been unable to contact the repairer after 8
making reasonable efforts. 9
(4) If the premises or inclusions need emergency repairs and there is a 10
nominated repairer of the lessor for the repairs, the notice must be given to 11
the repairer if-- 12
(a) the repairer is the tenant's first point of contact; or 13
(b) the repairer is not the tenant's first point of contact but the tenant 14
has been unable to contact the lessor after making reasonable 15
efforts. 16
may arrange for emergency repairs to be made 17
Tenant
126.(1) This section applies-- 18
(a) if-- 19
(i) the tenant has been unable to notify the lessor or nominated 20
repairer of the need for emergency repairs of the premises or 21
inclusions; or 22
(ii) the repairs are not made within a reasonable time after notice 23
is given; and 24
(b) the residential tenancy is not a short tenancy (moveable dwelling). 25
(2) The tenant may arrange for a suitably qualified person to make the 26
repairs. 27
of emergency repairs arranged by tenant 28
Costs
127.(1) The maximum amount that may be incurred for emergency 29
s 128 71 s 128
Residential Tenancies
repairs arranged to be made by the tenant is an amount equal to the amount 1
payable under the agreement for 2 weeks rent. 2
(2) The tenant may require the lessor-- 3
(a) to reimburse the tenant for any amount properly incurred by the 4
tenant for the repairs; or 5
(b) to pay the amount properly incurred for the repairs direct to the 6
actual repairer. 7
(3) The requirement must-- 8
(a) be made by written notice given to the lessor; and 9
(b) be supported by appropriate documents about the incurring of the 10
amount; and 11
(c) state that, if the lessor does not comply with the requirement 12
within 7 days after receiving the notice, the tenant may apply to a 13
tribunal for an order about the reimbursement or payment of the 14
amount. 15
16
Examples of appropriate documents for subsection (3)(b)--
17
Invoices, accounts and receipts.
of tribunal about emergency repairs 18
Orders
128.(1) This section applies if the tenant makes a requirement of the 19
lessor for the reimbursement or payment of an amount for emergency 20
repairs. 21
(2) If the lessor objects to the requirement, the lessor may, within 7 days 22
after the requirement is made, apply to a tribunal for an order about the 23
reimbursement or payment. 24
(3) If, within the 7 day period, the lessor does not comply with the 25
requirement or make the application, the tenant may apply to a tribunal for 26
an order about the reimbursement or payment. 27
(4) An application under subsection (2) must be decided by a tribunal, 28
but an application under subsection (3) may be decided by a tribunal or 29
registrar. 30
(5) However, a registrar may decide an application only if-- 31
s 129 72 s 129
Residential Tenancies
(a) the registrar is satisfied the tenant has given to the lessor 1
appropriate documents to support the incurring of the amount for 2
which reimbursement or payment is sought; and 3
(b) the lessor has not made an application under subsection (2); and 4
(c) the registrar is satisfied a tribunal has not been notified of a 5
dispute between the parties about the amount. 6
7
Examples of appropriate documents for subsection (5)(a)--
8
Invoices, accounts and receipts.
(6) If an application is made under subsection (2) or (3), a tribunal or 9
registrar may make any order or give any directions about the 10
reimbursement or payment the tribunal or registrar considers appropriate in 11
all the circumstances of the case. 12
(7) In deciding an application under subsection (2) or (3), the tribunal or 13
registrar may have regard to-- 14
(a) whether the tenant obtained a number of quotations for the 15
repairs; and 16
(b) whether the repairs were necessary because of a breach of a term 17
of the agreement by the tenant. 18
(8) Subsection (7) does not limit the issues to which the tribunal or 19
register may have regard. 20
PART 6--MOVEABLE DWELLING PREMISES 21
1--Application of Part 22
Division
of Part 23
Application
129. This Part applies only if premises under an agreement are moveable 24
dwelling premises in a moveable dwelling park. 25
s 130 73 s 131
Residential Tenancies
2--Relocation 1
Division
to relocate 2
Notice
130.(1) The lessor may give a notice ( "notice to relocate") to the tenant 3
requiring the tenant to relocate to another site in the moveable dwelling park 4
within a stated period. 5
(2) The notice to relocate may be given only if the relocation is 6
necessary-- 7
(a) to allow the carrying out of necessary or desirable work in the 8
park; or 9
(b) because of an emergency; or 10
(c) for health or safety reasons; or 11
(d) if the lessor is a mobile home occupier--the lessor has an 12
obligation under a mobile home agreement to reposition the 13
moveable dwelling. 14
15
Examples of work to which subsection (2)(a) could apply--
16
Maintenance, repairs, upgrading and restoration.
(3) The tenant may be required to relocate to another site only if the other 17
site is, as far as practicable, reasonably comparable to the site currently 18
occupied by the tenant. 19
(4) The period stated in the notice must be reasonable. 20
(5) The notice to relocate must-- 21
(a) be in writing; and 22
(b) identify the site to which the tenant is to relocate; and 23
(c) state the period within which the tenant is to relocate; and 24
(d) state the reasons for the relocation. 25
of relocation 26
Effect
131. If the tenant complies with the notice to relocate given to the tenant, 27
the tenant's site for the agreement is the site to which the tenant relocates, 28
and the agreement is taken to be amended accordingly. 29
s 132 74 s 134
Residential Tenancies
of relocation 1
Costs
132.(1) The reasonable costs and expenses incurred by the tenant in 2
complying with the notice to relocate are payable to the tenant by the lessor. 3
(2) If application is made to a tribunal under this section by the tenant, the 4
tribunal may make an order requiring the lessor to pay to the tenant the 5
amount it considers the tenant is entitled to receive under subsection (1). 6
Division 3--Park rules 7
rules 8
Park
133.(1) The owner of the moveable dwelling park may make rules about 9
the use, enjoyment, control and management of the park. 10
(2) However, rules may be made only about-- 11
(a) the use and operation of communal facilities; and 12
(b) the making and abatement of noise; and 13
(c) the carrying on of sporting and other recreational activities; and 14
(d) speed limits for motor vehicles; and 15
(e) parking of motor vehicles; and 16
(f) the disposal of refuse; and 17
(g) the keeping of pets; and 18
(h) other things prescribed under the regulations. 19
of proposed change of park rule 20
Notice
134.(1) If the owner of a moveable dwelling park proposes to change a 21
park rule, the owner must-- 22
(a) fix a day (the "objection closing day") by which residents of the 23
park may object to the proposed change (the "proposal"); and 24
(b) give notice of the proposal to each resident and any person who 25
becomes a resident before the objection closing day. 26
(2) A notice must be given-- 27
s 135 75 s 136
Residential Tenancies
(a) for a resident--at least 1 month before the objection closing day; 1
or 2
(b) for someone else--when the person becomes a resident. 3
(3) The notice must-- 4
(a) be in writing; and 5
(b) inform the resident that the resident may object to the proposal 6
before the objection closing day; and 7
(c) inform the resident how the objection may be made. 8
to proposal 9
Objection
135.(1) A resident of the park may object to the proposal because it is 10
unreasonable. 11
(2) The objection must be made by written notice given to the park 12
owner before the objection closing day. 13
(3) The notice must give particulars of why the proposal is considered to 14
be unreasonable. 15
liaison committee 16
Park
136.(1) This section applies only if objections to the proposal are made 17
before the objection day by-- 18
(a) at least 5 park residents from 5 different sites in the park; or 19
(b) if the park has less than 10 sites--a majority of the park residents. 20
(2) As soon as practicable after the objection closing day, the persons 21
who have objected (the "objectors") and the park owner must set up a 22
committee (the "park liaison committee") to consider the objections. 23
(3) The committee is to consist of the following members-- 24
(a) a person chosen by the objectors; 25
(b) the park owner or the park owner's nominee; 26
(c) someone else agreed on by the other members. 27
(4) The member mentioned in subsection (3)(a) may be an objector. 28
s 137 76 s 138
Residential Tenancies
(5) The member mentioned in subsection (3)(c) may be a mediator. 1
(6) The committee may consider the objections only if the 3 members 2
are present. 3
(7) If the members mentioned in subsection (3)(a) and (b) fail, within 7 4
days after the objection closing day, to agree on the other person who is to 5
be a member, the park owner must give written notice of the failure to each 6
of the objectors ("non-resolution notice"). 7
of objections by committee 8
Consideration
137.(1) If a park liaison committee is set up, it must consider all 9
objections properly made about the proposal and-- 10
(a) declare the proposal to be either reasonable or unreasonable; or 11
(b) if it considers the proposal is unreasonable--change the proposal 12
in a way it considers appropriate to make it reasonable. 13
(2) The committee must give written notice of its decision to-- 14
(a) the objectors; and 15
(b) if the park owner is not a member of the committee--the park 16
owner. 17
to tribunal about proposal 18
Application
138.(1) This section applies if-- 19
(a) non-resolution notices are given to the objectors; or 20
(b) the park owner or an objector is dissatisfied with a decision of the 21
park liaison committee. 22
(2) The park owner or objector may apply to a tribunal for an order 23
declaring the proposal to be reasonable or unreasonable. 24
(3) The application must-- 25
(a) be made within 7 days after receiving the non-resolution notice or 26
the decision being made; and 27
(b) give particulars of why the proposal is considered to be 28
reasonable or unreasonable. 29
s 139 77 s 140
Residential Tenancies
(4) A single application may be made by objectors if it is made by-- 1
(a) at least 5 park residents from 5 different sites in the park; or 2
(b) if the park has less than 10 sites--a majority of the park residents. 3
(5) In subsection (2), a reference to the proposal about which an order 4
may be sought includes a change of a park rule proposed by the park owner 5
as changed by the park liaison committee. 6
of tribunal about proposal 7
Decision
139.(1) If an application is made to a tribunal about the reasonableness of 8
the proposal to change a park rule, the tribunal may-- 9
(a) declare the proposal to be reasonable or unreasonable; or 10
(b) change the proposal in a way it considers appropriate to make it 11
reasonable; or 12
(c) make any other order it considers appropriate. 13
(2) In deciding the application, the issues to which the tribunal may have 14
regard include the following-- 15
(a) the park's location; 16
(b) the park's internal layout; 17
(c) the amenities, improvements, facilities and other physical features 18
of the park; 19
(d) the number of residents and their needs; 20
(e) the levels of rent and other charges paid by residents. 21
(3) Subsection (2) does not limit the issues to which the tribunal may 22
have regard. 23
proposal takes effect 24
When
140.(1) This section sets out the way of working out when a proposal to 25
change a park rule takes effect. 26
(2) This section applies (as "case 1") if-- 27
(a) no objections are made to the proposal; or 28
s 140 78 s 140
Residential Tenancies
(b) the number of objections made to the proposal are not sufficient 1
to require the setting up of a park liaison committee. 2
(3) This section applies (as "case 2") if-- 3
(a) non-resolution notices about the proposal are given to the 4
objectors; and 5
(b) no application is made to a tribunal within the required time. 6
(4) This section applies (as "case 3") if-- 7
(a) a decision is made by a park liaison committee-- 8
(i) declaring the proposal to be reasonable; or 9
(ii) changing the proposal in a way it considers appropriate to 10
make the proposal reasonable; and 11
(b) no application is made to a tribunal within the required time. 12
(5) This section applies (as "case 4") if a decision is made by a 13
tribunal-- 14
(a) declaring the proposal to be reasonable; or 15
(b) changing the proposal in a way it considers appropriate to make 16
the proposal reasonable. 17
(6) If case 1 applies, the proposal takes effect-- 18
(a) at the end of the objection closing day; or 19
(b) if a later day is stated by the park owner--on the later day. 20
(7) If case 2 applies, the proposal takes effect-- 21
(a) at the end of the last day on which an application may be made to 22
a tribunal; or 23
(b) if a later day is stated by the park owner--on the later day. 24
(8) If case 3 applies, the proposal takes effect on the day decided by the 25
park liaison committee. 26
(9) If case 4 applies, the proposal takes effect on the day decided by the 27
tribunal. 28
s 141 79 s 143
Residential Tenancies
changes of park rules have no effect 1
When
141.(1) A change of a park rule has no effect if-- 2
(a) it is made otherwise than under this Division; or 3
(b) a park liaison committee or tribunal, in considering a proposal 4
about the change, decides that the proposal is unreasonable. 5
(2) However, subsection (1)(b) does not apply to a decision of the park 6
liaison committee if a later decision of a tribunal-- 7
(a) decided the proposal was reasonable; or 8
(b) changes the proposal in a way it considered appropriate to make 9
the proposal reasonable. 10
Division 4--Goods and services 11
of goods and services 12
Supply
142.(1) The lessor must not require the tenant to buy goods or services 13
from the lessor or a person nominated by the lessor (the "nominated 14
supplier"). 15
Maximum penalty--20 penalty units. 16
(2) Subsection (1) does not apply to a requirement made by the lessor 17
about reticulated gas if, on application made to a tribunal by the lessor, the 18
tribunal authorises the lessor or nominated supplier to supply the gas to the 19
tenant. 20
ART 7--CHANGE OF LESSOR OR TENANT 21
P
1--Transfer or subletting by tenant 22
Division
action subject to lessor's unqualified discretion 23
Tenant's
143.(1) This section applies to an agreement if-- 24
s 144 80 s 145
Residential Tenancies
(a) the lessor is the State; or 1
(b) the lessor is an entity receiving financial or other assistance from 2
the State to supply rented accommodation to persons; or 3
(c) the tenant's right to occupy the premises is given under the 4
tenant's terms of employment; or 5
(d) the tenancy is a short tenancy (moveable dwelling). 6
(2) The tenant may transfer the whole or a part of the tenant's interest 7
under the agreement, or sublet the premises, only if the lessor agrees in 8
writing to the transfer or subletting. 9
action subject to lessor's qualified discretion 10
Tenant's
144.(1) This section applies to an agreement only if section 14315 does 11
not apply to the agreement. 12
(2) The tenant may transfer all or a part of the tenant's interest under the 13
agreement, or sublet the premises, only if-- 14
(a) the lessor agrees in writing to the transfer or subletting; or 15
(b) the transfer or subletting is made under an order of a tribunal. 16
(3) The lessor must act reasonably in failing to agree to the transfer or 17
subletting. 18
(4) The lessor is taken to act unreasonably in failing to agree to the 19
transfer or subletting if the lessor acts in a capricious or retaliatory way. 20
of tribunal about transfer or subletting 21
Order
145.(1) If the tenant believes the lessor has acted unreasonably in failing 22
to agree to a transfer or subletting under section 14416, the tenant may apply 23
to a tribunal for an order under this section. 24
(2) If, on an application made to a tribunal by the tenant, the lessor fails 25
to satisfy the tribunal that the lessor acted reasonably in failing to agree to 26
15 Section 143 (Tenant's action subject to lessor's unqualified discretion).
16 Section 144 (Tenant's action subject to lessor's qualified discretion).
s 146 81 s 147
Residential Tenancies
the transfer or subletting, the tribunal may make an order authorising the 1
tenant to make the transfer or subletting without the lessor's agreement. 2
(3) In deciding whether the lessor acted reasonably in failing to agree to 3
the transfer or subletting, the tribunal may have regard to the following 4
issues-- 5
(a) the likelihood of the proposed transferee fulfilling the tenant's 6
obligations under the agreement; 7
(b) the risk of damage to the premises or inclusions. 8
9
Example of risk for subsection (3)(b)--
10
A risk that may arise because of a hobby or business the proposed transferee
11
intends carrying on at the premises.
(4) Subsection (2) does not limit the issues to which the tribunal may 12
have regard. 13
expenses for transfer or subletting 14
Lessor's
146. The lessor must not require the tenant to pay, or accept from the 15
tenant, an amount for the lessor's agreement to a transfer or subletting by 16
the tenant, other than an amount for the reasonable expenses incurred by the 17
lessor in agreeing to the transfer or subletting. 18
Maximum penalty--20 penalty units. 19
fee for sale of caravan 20
Lessor's
147.(1) This section applies-- 21
(a) only to an agreement for moveable dwelling premises consisting 22
only of the site for a caravan; and 23
(b) if the residential tenancy is a long tenancy (moveable dwelling). 24
(2) The lessor may require the tenant to pay, or accept from the tenant, a 25
fee (not more than an amount prescribed under the regulations) for the sale 26
or attempted sale of a caravan on the premises only if-- 27
(a) the lessor supplies a service in the sale or attempted sale; and 28
(b) when the service is supplied, there is a written agreement in force 29
between the parties for the payment of the fee by the tenant to the 30
s 148 82 s 148
Residential Tenancies
lessor for the service. 1
(3) The lessor must not require the tenant to pay, or accept from the 2
tenant, a fee for the sale or attempted sale of a caravan on the premises in 3
contravention of subsection (2). 4
Maximum penalty for subsection (3)--20 penalty units. 5
Division 2--Transfer by lessor 6
by lessor 7
Transfer
148.(1) The lessor must-- 8
(a) if the lessor proposes to transfer the lessor's interest in the 9
premises to another person (the "purchaser")--give written 10
notice of the tenancy to the purchaser; and 11
(b) if the lessor transfers the interest subject to the tenancy--give 12
written notice of the transfer (the "attornment notice") to the 13
tenant. 14
(2) The attornment notice operates as an attornment17 as tenant to the 15
purchaser by the tenant at the rent, and on the other terms of the agreement 16
applying when the notice is given, but only if the notice-- 17
(a) states the purchaser's name and address; and 18
(b) directs the tenant to make all future payments of rent to the 19
purchaser. 20
(3) However, if an amount for rent is unpaid when the attornment notice 21
is given, the amount may be recovered by the former lessor as a debt owing 22
to the former lessor by the tenant. 23
(4) Subsection (1)(a) applies whether the transfer is proposed to be made 24
with vacant possession or subject to the tenancy. 25
(5) This section does not apply to the State. 26
17 An attornment is an acknowledgment of the tenancy relationship between the
tenant and new lessor.
s 149 83 s 149
Residential Tenancies
3--Replacement of tenant 1
Division
of tenant's occupation 2
End
149.(1) This section applies if-- 3
(a) a person who is not the tenant under an agreement is occupying 4
the premises; and 5
(b) the tenant dies or otherwise ceases to occupy the premises; and 6
(c) the lessor is not the State. 7
(2) The person may apply to a tribunal for the following orders-- 8
(a) an order to be recognised as the tenant under the agreement; 9
(b) an order to be joined as a party to a proceeding before the tribunal 10
about the premises. 11
(3) The application may be made-- 12
(a) when making another application to, or in a proceeding before, 13
the tribunal; or 14
(b) independently of another application or proceeding. 15
(4) In deciding the application, the tribunal may make the following 16
orders-- 17
(a) an order recognising the person as the tenant under the agreement; 18
(b) an order joining the person as a party to a proceeding before the 19
tribunal. 20
(5) If the tribunal makes an order under subsection (4)(a), it may make 21
any other order it considers appropriate. 22
23
Examples of orders under subsection (5)--
24
An order about the application of the terms of the agreement, or other terms, to
25
the person as tenant.
(6) A person in whose favour an order is made under subsection (4)(a) is 26
taken to be the tenant under the agreement on the terms the tribunal orders. 27
s 150 84 s 150
Residential Tenancies
njury to spouse 1
I
150.(1) This section applies to-- 2
(a) the spouse of the tenant occupying the premises with the tenant; 3
and 4
(b) a cotenant whose spouse is the other, or another, cotenant. 5
(2) The person may apply to a tribunal for an order to be recognised as 6
the tenant, or a tenant, under the agreement instead of the person's spouse 7
because the person's spouse has committed an act of domestic violence 8
against the person. 9
(3) The tribunal may make the order if it is satisfied the person has 10
established the ground of the application. 11
(4) In deciding the application, the tribunal must have regard to the 12
following issues (the "domestic violence issues")-- 13
(a) whether the person has applied for a protection order against the 14
person's spouse; 15
(b) if an application was made--whether a domestic violence order 16
was made and, if made, whether it is in force; 17
(c) if a domestic violence order has been made--whether a condition 18
was imposed prohibiting the person's spouse from entering, or 19
remaining, on the premises. 20
(5) Subsection (4) does not limit the issues to which the tribunal may 21
have regard. 22
(6) If the tribunal makes the order, it may make any other order it 23
considers appropriate. 24
25
Examples of orders tribunal may make--
26
1. An order about the application of the terms of the agreement, or other terms, to
27
the person as tenant, or as a tenant.
28
2. An order about any rental bond paid by the person's spouse.
(7) A person in whose favour an order is made under subsection (3) is 29
taken to be the tenant, or a tenant, under the agreement on the terms the 30
tribunal orders. 31
(8) The tribunal may not make an order under subsection (3) without 32
giving the lessor an opportunity to be heard on the application. 33
s 151 85 s 152
Residential Tenancies
CHAPTER 4--TERMINATION OF AGREEMENTS 1
PART 1--GENERAL 2
of agreements 3
Termination
151.(1) A residential tenancy agreement terminates only in a way 4
mentioned in this section. 5
(2) A residential tenancy agreement terminates if-- 6
(a) the lessor gives a notice to leave the premises to the tenant; and 7
(b) the tenant hands over vacant possession of the premises on or 8
after the handover day. 9
(3) A residential tenancy agreement terminates if the tenant-- 10
(a) gives a notice of intention to leave the premises to the lessor; and 11
(b) hands over vacant possession of the premises on or after the 12
handover day. 13
(4) A residential tenancy agreement terminates if-- 14
(a) a tribunal makes an order terminating the agreement (whether or 15
not a notice to leave has been given); or 16
(b) the tenant abandons the premises. 17
of rent does not operate as waiver of breach 18
Acceptance
152. If the lessor makes a demand for, takes a proceeding for the 19
recovery of, or accepts, rent payable under the agreement, the lessor's 20
action-- 21
(a) does not operate as a waiver of-- 22
(i) a breach of the agreement by the tenant; or 23
(ii) a notice to leave given to the tenant by the lessor for an 24
s 153 86 s 154
Residential Tenancies
unremedied breach; and 1
(b) is not evidence of the creation of a new tenancy. 2
PART 2--ACTION BY LESSOR 3
1--Notices to remedy breach 4
Division
to remedy tenant's breach 5
Notice
153.(1) This section applies if the lessor believes on reasonable grounds 6
that-- 7
(a) the rent payable under the agreement has remained unpaid in 8
breach of the agreement for at least 7 days; or 9
(b) the tenant has breached another term of the agreement and the 10
breach has not been remedied. 11
(2) The lessor may give a notice18 to the tenant requiring the tenant to 12
remedy the breach within the allowed remedy period. 13
may dispute notice to remedy breach 14
Tenant
154.(1) The tenant may dispute a notice to remedy breach by giving-- 15
(a) a written dispute notice19 to a tribunal; and 16
(b) a copy of the dispute notice to the lessor. 17
(2) The dispute notice must be given within the allowed remedy period. 18
18 See section 192 (Notice to remedy breach) for requirements about the notice.
19 See section 195 (Dispute notice) for requirements about the notice.
s 155 87 s 157
Residential Tenancies
2--Notices to leave premises 1
Division
to leave for unremedied breach 2
Notice
155.(1) The lessor may give a notice to leave the premises20 to the tenant 3
because the tenant has failed to comply, within the allowed remedy period, 4
with a notice to remedy breach given to the tenant by the lessor. 5
(2) A notice to leave may be given under this section even if a dispute 6
notice has been given about the notice to remedy breach. 7
(3) A notice to leave under this section is called a notice to leave for an 8
"unremedied breach". 9
may dispute notice to leave 10
Tenant
156.(1) The tenant may dispute a notice to leave for an unremedied 11
breach by giving-- 12
(a) a written dispute notice of the dispute21 to a tribunal; and 13
(b) a copy of the dispute notice to the lessor. 14
(2) The dispute notice must be given not later than the handover day. 15
to leave for tenant's non-compliance with tribunal order 16
Notice
157.(1) The lessor may give a notice to leave22 the premises to the tenant 17
because the tenant has failed to comply with an order of a tribunal. 18
(2) A notice to leave under this section is called a notice to leave for 19
"non-compliance (tribunal order)". 20
20 See section 193 (Notice to leave) for requirements about the notice.
21 See section 195 (Dispute notice) for requirements about the notice.
22 See section 193 (Notice to leave) for requirements about the notice.
s 158 88 s 160
Residential Tenancies
to leave for non-compliance (moveable dwelling relocation) 1
Notice
158.(1) This section applies only to moveable dwelling premises in a 2
moveable dwelling park. 3
(2) The lessor may give a notice to leave the premises23 to the tenant 4
because the tenant has failed to comply, within the required period, with a 5
notice to relocate given to the tenant by the lessor. 6
(3) A notice to leave under this section is called a notice to leave for 7
"non-compliance (moveable dwelling relocation)". 8
to leave if agreement frustrated 9
Notice
159.(1) The lessor may give a notice to leave the premises24 to the tenant 10
because the premises-- 11
(a) have been destroyed, or made completely or partly unfit to live in, 12
other than because of a breach of the agreement; or 13
(b) no longer may be used lawfully as a residence; or 14
(c) have been appropriated or acquired compulsorily by an authority. 15
(2) A notice to leave under this section must be given within 1 month 16
after the happening of the event mentioned in subsection (1). 17
(3) A notice to leave under subsection (1)(a) or (b) is called a notice to 18
leave for "non-livability". 19
(4) A notice to leave under subsection (1)(c) is called a notice to leave for 20
"compulsory acquisition". 21
to leave if agreement frustrated (moveable dwelling premises) 22
Notice
160.(1) This section applies only to moveable dwelling premises in a 23
moveable dwelling park. 24
23 See section 193 (Notice to leave) for requirements about the notice.
24 See section 193 (Notice to leave) for requirements about the notice.
s 161 89 s 162
Residential Tenancies
(2) The lessor may give a notice to leave the premises25 to the tenant 1
because the park has become an unfit place in which to live in a moveable 2
dwelling. 3
(3) A notice to leave may be given under this section only if a facility in 4
the park generally available for use by occupants of moveable dwellings in 5
the park has been destroyed, or become completely or partially unavailable 6
for use, other than because of a breach of the agreement. 7
(4) A notice to leave under this section must be given within 1 month 8
after the park becoming an unfit place in which to live. 9
(5) A notice to leave under this section is called a notice to leave for 10
"non-livability". 11
to leave if premises being sold 12
Notice
161.(1) The lessor under a periodic agreement may give a notice to leave 13
the premises26 to the tenant because the lessor has entered into a contract to 14
sell the premises with vacant possession. 15
(2) A notice to leave under this section is called a notice to leave for "sale 16
contract". 17
to leave if closure of moveable dwelling park involved 18
Notice
162.(1) This section applies only to moveable dwelling premises in a 19
moveable dwelling park. 20
(2) The lessor may give a notice to leave the premises27 to the tenant 21
because-- 22
(a) the use of the premises where the park is situated (the "park 23
premises") is to be, or is proposed to be, changed to a use other 24
than as a moveable dwelling park; or 25
25 See section 193 (Notice to leave) for requirements about the notice.
26 See section 193 (Notice to leave) for requirements about the notice.
27 See section 193 (Notice to leave) for requirements about the notice.
s 163 90 s 164
Residential Tenancies
(b) the park is to be closed. 1
(3) If the authority under which a person is allowed to use the park 2
premises as a moveable dwelling park ends, the lessor must give a notice to 3
leave the premises28 to the tenant within 24 hours of the authority ending. 4
(4) A notice to leave under subsection (2) is called a notice to leave for 5
"voluntary park closure". 6
(5) A notice to leave under subsection (3) is called a notice to leave for 7
"compulsory park closure". 8
to leave if tenant's employment ends 9
Notice
163.(1) If-- 10
(a) the tenant occupies the premises under the tenant's terms of 11
employment; and 12
(b) the tenant's employment ends; 13
the lessor may give a notice to leave the premises29 to the tenant. 14
(2) A notice to leave under this section is called a notice to leave for 15
"employment termination". 16
(3) This section applies subject to an award or agreement. 17
to leave if tenant's entitlement to supported accommodation 18
Notice
ends 19
164.(1) This section applies if-- 20
(a) the tenant occupies the premises under a program of, or 21
involving, the State that provides accommodation assistance; and 22
(b) the tenant ceases to be eligible under the program-- 23
(i) to receive assistance; or 24
(ii) to continue to occupy the particular premises. 25
28 See section 193 (Notice to leave) for requirements about the notice.
29 See section 193 (Notice to leave) for requirements about the notice.
s 165 91 s 166
Residential Tenancies
(2) The lessor may give a notice to leave the premises30 to the tenant. 1
(3) A notice to leave under this section is called a notice leave for 2
"ending of accommodation assistance". 3
to leave without ground 4
Notice
165.(1) The lessor may give a notice to leave the premises31 to the tenant 5
without stating a ground for the notice. 6
(2) A notice to leave under this section is called a notice to leave 7
"without ground". 8
3--Applications for termination 9
Division
for termination for failure to leave 10
Application
166.(1) The lessor may apply to a tribunal for a termination order 11
because-- 12
(a) the lessor gave a notice to leave the premises to the tenant; and 13
(b) the tenant failed to hand over vacant possession of the premises to 14
the lessor on the handover day. 15
(2) An application under this section must be made within 2 weeks after 16
the handover day. 17
(3) If the notice was a notice to leave for an unremedied breach, the 18
application may be made even if a dispute notice has been given about the 19
notice to leave. 20
(4) An application made under this section is called an application made 21
because of a "failure to leave". 22
30 See section 193 (Notice to leave) for requirements about the notice.
31 See section 193 (Notice to leave) for requirements about the notice.
s 167 92 s 169
Residential Tenancies
for termination for failure to leave as intended 1
Application
167.(1) The lessor may apply to a tribunal for a termination order 2
because the tenant-- 3
(a) gave a notice of intention to leave the premises to the lessor; and 4
(b) did not withdraw the notice before the handover day; and 5
(c) failed to hand over vacant possession of the premises to the lessor 6
on the handover day. 7
(2) An application under this section must be made within 2 weeks after 8
the handover day. 9
(3) An application under this section is called an application made 10
because of a "failure to leave as intended". 11
for termination for excessive hardship 12
Application
168.(1) The lessor may apply to a tribunal for a termination order 13
because the lessor would suffer excessive hardship if the agreement were 14
not terminated. 15
(2) An application under this section is called an application made 16
because of "excessive hardship". 17
for termination for damage or injury 18
Application
169.(1) The lessor may apply to a tribunal for a termination order 19
because the tenant has intentionally or recklessly caused, or is likely to 20
intentionally or recklessly cause-- 21
(a) serious damage to the premises; or 22
(b) injury to-- 23
(i) the lessor, the lessor's agent or someone else allowed on the 24
premises; or 25
(ii) a person occupying, or allowed on, premises nearby. 26
(2) However, the lessor may not make an application about injury to a 27
person if the person is-- 28
(a) the spouse of the tenant occupying the premises with the tenant; 29
s 170 93 s 172
Residential Tenancies
or 1
(b) a cotenant whose spouse is the other, or another, cotenant. 2
(3) An application under this section about damage to premises is called 3
an application made because of "damage". 4
(4) An application under this section about injury to a person is called an 5
application made because of "injury". 6
for termination for tenant's objectionable behaviour 7
Application
170.(1) The lessor may apply to a tribunal for a termination order 8
because the tenant-- 9
(a) has harassed, intimidated or verbally abused-- 10
(i) the lessor or lessor's agent; or 11
(ii) a person occupying, or allowed on, premises nearby; or 12
(b) is causing, or has caused, a serious nuisance to persons 13
occupying premises nearby. 14
(2) An application under this section is called an application made 15
because of "objectionable behaviour". 16
for termination for incompatibility 17
Application
171.(1) This section applies only to a residential tenancy that is a short 18
tenancy (moveable dwelling). 19
(2) The lessor may apply to a tribunal for a termination order because the 20
lessor and tenant are incompatible in a way that makes it desirable, in the 21
interests of both parties, for the agreement to end. 22
(3) An application under this section is called an application made 23
because of "incompatibility". 24
for interim order about damage or injury 25
Application
172.(1) This section applies if-- 26
(a) the lessor makes an application to a tribunal for a termination 27
order because of damage or injury; and 28
s 173 94 s 174
Residential Tenancies
(b) the lessor believes on reasonable grounds the tenant is likely to 1
cause further damage or injury for which a termination order 2
could be sought. 3
(2) The lessor may apply to a tribunal for an order to restrain the tenant 4
from causing the further damage or injury. 5
PART 3--ACTION BY TENANT 6
1--Notices to remedy breach 7
Division
to remedy lessor's breach 8
Notice
173. If the tenant believes on reasonable grounds that the lessor has 9
breached a term of the agreement and the breach has not been remedied, the 10
tenant may give a notice32 to the lessor requiring the lessor to remedy the 11
breach within the allowed remedy period. 12
may dispute notice to remedy breach 13
Lessor
174.(1) The lessor may dispute a notice to remedy breach by giving-- 14
(a) a written dispute notice33 to a tribunal; and 15
(b) a copy of the dispute notice to the tenant. 16
(2) The dispute notice must be given within the allowed remedy period. 17
32 See section 192 (Notice to remedy breach) for requirements about the notice.
33 See section 195 (Dispute notice) for requirements about the notice.
s 175 95 s 177
Residential Tenancies
2--Notices of intention to leave premises 1
Division
of intention to leave for unremedied breach 2
Notice
175.(1) The tenant may give a notice of intention to leave the premises34 3
to the lessor because the lessor has failed to comply, within the allowed 4
remedy period, with a notice to remedy breach given to the lessor by the 5
tenant. 6
(2) A notice of intention to leave under this section is called a notice of 7
intention to leave for an "unremedied breach". 8
of breach 9
Waiver
176. If-- 10
(a) a notice of intention to leave is given to the lessor for an 11
unremedied breach; and 12
(b) the lessor remedies the breach before the handover day; 13
the tenant may, instead of handing over vacant possession of the premises 14
to the lessor on the handover day, waive the breach by written notice given 15
to the lessor before the handover day. 16
of intention to leave for lessor's non-compliance with tribunal 17
Notice
order 18
177.(1) The tenant may give a notice of intention to leave the premises35 19
to the lessor because the lessor has failed to comply with an order of a 20
tribunal. 21
(2) A notice of intention to leave under this section is called a notice of 22
intention to leave for "non-compliance (tribunal order)". 23
34 See section 194 (Notice of intention to leave) for requirements about the notice.
35 See section 194 (Notice of intention to leave) for requirements about the notice.
s 178 96 s 179
Residential Tenancies
of intention to leave if agreement frustrated 1
Notice
178.(1) The tenant may give a notice of intention to leave36 the premises 2
to the lessor because the premises-- 3
(a) have been destroyed, or made completely or partially unfit to live 4
in, other than because of a breach of the agreement; or 5
(b) no longer may be used lawfully as a residence; or 6
(c) have been appropriated or acquired compulsorily by an authority. 7
(2) A notice of intention to leave under this section must be given within 8
1 month after the happening of the event mentioned in subsection (1). 9
(3) A notice of intention to leave under subsection (1)(a) or (b) is called a 10
notice of intention to leave for "non-livability". 11
(4) A notice of intention to leave under subsection (1)(c) is called a notice 12
of intention to leave for "compulsory acquisition". 13
of intention to leave if agreement frustrated (moveable dwelling 14
Notice
premises) 15
179.(1) This section applies only to moveable dwelling premises in a 16
moveable dwelling park. 17
(2) The tenant may give a notice of intention to leave the premises37 to 18
the lessor because the park has become an unfit place in which to live in a 19
moveable dwelling. 20
(3) A notice of intention to leave may be given under this section only if 21
a facility in the park generally available for use by occupants of moveable 22
dwellings in the park has been destroyed, or become completely or partially 23
unavailable for use, other than because of a breach of the agreement. 24
(4) A notice of intention to leave under this section must be given within 25
1 month after the park becoming an unfit place in which to live. 26
(5) A notice of intention to leave under this section is called a notice of 27
intention to leave for "non-livability". 28
36 See section 194 (Notice of intention to leave) for requirements about the notice.
37 See section 194 (Notice of intention to leave) for requirements about the notice.
s 180 97 s 183
Residential Tenancies
may dispute notice of intention to leave 1
Lessor
180.(1) The lessor may dispute a notice of intention to leave by giving-- 2
(a) a written dispute notice to a tribunal; and 3
(b) a copy of the dispute notice to the tenant. 4
(2) The dispute notice must be given not later than the handover day. 5
(3) Subsection (1) does not apply to a notice of intention to leave given 6
without ground. 7
of intention to leave without ground 8
Notice
181.(1) The tenant may give a notice of intention to leave the premises38 9
to the lessor without stating a ground for the notice. 10
(2) A notice of intention to leave under this section is called a notice of 11
intention to leave "without ground". 12
for termination for excessive hardship 13
Application
182.(1) The tenant may apply to a tribunal for a termination order 14
because the tenant would suffer excessive hardship if the agreement were 15
not terminated. 16
(2) An application under this section is called an application made 17
because of "excessive hardship". 18
3--Applications for termination 19
Division
for termination for damage or injury 20
Application
183.(1) The tenant may apply to a tribunal for a termination order 21
because the lessor has intentionally or recklessly caused, or is likely to 22
intentionally or recklessly cause-- 23
(a) serious damage to the tenant's goods; or 24
38 See section 194(Notice of intention to leave) for requirements about the notice.
s 184 98 s 185
Residential Tenancies
(b) injury to-- 1
(i) the tenant; or 2
(ii) someone else occupying, or allowed on, the premises. 3
(2) An application under this section about damage to goods is called an 4
application made because of "damage". 5
(3) An application under this section about injury to a person is called an 6
application made because of "injury". 7
by cotenant for termination for damage or injury 8
Application
184.(1) A cotenant may apply to a tribunal for a termination order 9
because the other cotenant, or another cotenant, has intentionally or 10
recklessly caused, or is likely to intentionally or recklessly cause-- 11
(a) serious damage to the premises; or 12
(b) injury to-- 13
(i) the applicant; or 14
(ii) someone else occupying, or allowed on, the premises. 15
(2) An application under this section about damage to premises is called 16
an application made because of "damage". 17
(3) An application under this section about injury to a person is called an 18
application made because of "injury". 19
for termination for lessor's objectionable behaviour 20
Application
185.(1) The tenant may apply to a tribunal for a termination order 21
because the lessor has harassed, intimidated or verbally abused-- 22
(a) the tenant; or 23
(b) another person occupying, or allowed on, the premises. 24
(2) An application made under this section is called an application made 25
because of "objectionable behaviour". 26
s 186 99 s 188
Residential Tenancies
for termination for incompatibility 1
Application
186.(1) This section applies only to a residential tenancy that is a short 2
tenancy (moveable dwelling). 3
(2) The tenant may apply to a tribunal for a termination order because the 4
tenant and lessor are incompatible in a way that makes it desirable, in the 5
interests of both parties, for the agreement to end. 6
(3) An application under this section is called an application made 7
because of "incompatibility". 8
for interim order about damage or injury 9
Application
187.(1) This section applies if-- 10
(a) the tenant makes an application to a tribunal for a termination 11
order because of damage or injury; and 12
(b) the tenant believes on reasonable grounds the lessor is likely to 13
cause further damage or injury for which a termination order 14
could be sought. 15
(2) The tenant may apply to a tribunal for an order to restrain the lessor 16
from causing the further damage or injury. 17
PART 4--ACTION BY OTHER PERSONS 18
by tenant's spouse for termination for damage or injury 19
Application
188. The spouse of the tenant occupying the premises with the tenant 20
may apply to a tribunal for a termination order because the tenant-- 21
(a) has intentionally or recklessly caused, or is likely to intentionally 22
or recklessly cause, serious damage to the premises; or 23
(b) has committed an act of domestic violence against the spouse. 24
s 189 100 s 191
Residential Tenancies
by occupant for termination for damage or injury 1
Application
189. An occupant of premises under an agreement who is not the tenant 2
may apply to a tribunal for a termination order because the tenant has 3
intentionally or recklessly caused, or is likely to intentionally or recklessly 4
cause-- 5
(a) serious damage to the premises; or 6
(b) injury to-- 7
(i) the applicant; or 8
(ii) someone else occupying, or allowed on, the premises. 9
for interim order about damage or injury 10
Application
190.(1) This section applies if-- 11
(a) the spouse of the tenant, or an occupant of the premises, makes 12
an application to a tribunal for a termination order for damage or 13
injury; and 14
(b) the applicant believes on reasonable grounds the tenant is likely to 15
cause further damage or injury for which a termination order 16
could be sought. 17
(2) The applicant may apply to a tribunal for an order to restrain the 18
tenant from causing the further damage or injury. 19
to applications 20
References
191.(1) An application under this Part about damage to premises is called 21
an application made because of "damage". 22
(2) An application under this Part about injury to a person is called an 23
application made because of "injury". 24
s 192 101 s 193
Residential Tenancies
PART 5--PROCEDURAL REQUIREMENTS FOR 1
ACTION TAKEN BY LESSOR OR TENANT 2
to remedy breach 3
Notice
192.(1) A notice to remedy breach must be in the approved form. 4
(2) The approved form must provide for the notice-- 5
(a) to be signed by or for the party giving the notice; and 6
(b) to include particulars of the breach; and 7
(c) to state the day by which the party to whom the notice is directed 8
is required to remedy the breach. 9
(3) If the notice is given by the lessor, the approved form also must 10
provide for the notice to include information about-- 11
(a) the tenant's right to dispute the lessor's notice by written notice 12
given to a tribunal; and 13
(b) the tenant's obligation to give a copy of any dispute notice to the 14
lessor. 15
to leave 16
Notice
193.(1) A notice to leave premises must-- 17
(a) be in writing; and 18
(b) be signed by or for the lessor; and 19
(c) identify the premises; and 20
(d) require the tenant to hand over vacant possession of the premises 21
to the lessor on the day stated in the notice; and 22
(e) state-- 23
(i) the ground on which the notice is given; or 24
(ii) that the notice is given without ground; and 25
(f) unless the notice is given without ground--give particulars of the 26
ground on which the notice is given. 27
s 194 102 s 194
Residential Tenancies
(2) The notice also must-- 1
(a) state that information about the tenant's rights and obligations is 2
contained in the agreement; and 3
(b) inform the tenant that-- 4
(i) if the tenant does not comply with the notice on the handover 5
day the lessor may apply to a tribunal for a termination order 6
without giving the tenant any further notice; and 7
(ii) if the tribunal makes the order, it also must make an order 8
for possession of the premises in favour of the lessor; and 9
(c) if the notice is given because of an unremedied breach--inform 10
the tenant of-- 11
(i) the tenant's right to dispute the lessor's notice by written 12
notice given to a tribunal; and 13
(ii) the tenant's obligation to give a copy of any dispute notice to 14
the lessor. 15
(3) A notice to leave given for a fixed term agreement is not ineffective 16
because the handover day is earlier than the day the term ends. 17
(4) A notice to leave given for a periodic agreement is not ineffective 18
merely because the handover day is not-- 19
(a) the last day of a period of the tenancy; or 20
(b) another day when the tenancy would have ended if this Act had 21
not been enacted. 22
of intention to leave 23
Notice
194.(1) A notice of intention to leave premises must-- 24
(a) be in writing; and 25
(b) be signed by or for the tenant; and 26
(c) identify the premises; and 27
(d) state the tenant intends handing over vacant possession of the 28
premises to the lessor on the day stated in the notice; and 29
(e) state-- 30
s 195 103 s 196
Residential Tenancies
(i) the ground on which the notice is given; or 1
(ii) that the notice is given without ground; and 2
(f) unless the notice is given without ground--give particulars of the 3
ground on which the notice is given. 4
(2) A notice of intention to leave given for a fixed term agreement is not 5
ineffective merely because the handover day is earlier than the day the term 6
ends. 7
(3) A notice of intention to leave given for a periodic agreement is not 8
ineffective because the handover day is not-- 9
(a) the last day of a period of the tenancy; or 10
(b) another day the tenancy would have ended if this Act had not 11
been enacted. 12
notice 13
Dispute
195.(1) A dispute notice must-- 14
(a) be signed by the party giving the notice; and 15
(b) state the grounds on which the party disputes the other party's 16
notice to remedy breach, notice to leave or notice of intention to 17
leave. 18
(2) A dispute notice given to the tribunal must be accompanied by a copy 19
of the relevant notice to remedy breach, notice to leave or notice of intention 20
to leave. 21
remedy period 22
Allowed
196.(1) The allowed remedy period for a notice to remedy breach must 23
not end earlier than 7 days after the notice is given. 24
(2) However, if the notice is given about a breach of the term of the 25
agreement for payment of rent and the premises are moveable dwelling 26
premises, the allowed remedy period for the notice must not end earlier than 27
5 days after the notice is given. 28
s 197 104 s 198
Residential Tenancies
day for notice to leave (premises generally) 1
Handover
197.(1) The handover day for a notice to leave must not be earlier than-- 2
(a) if the notice is given because of an unremedied breach and the 3
premises are not moveable dwelling premises--12 days after the 4
notice is given; or 5
(b) if the notice is given because of non-livability--the day the notice 6
is given; or 7
(c) if the notice is given because of compulsory 8
acquisition--2 months after the notice is given; or 9
(d) if the notice is given because of a sale contract and the tenancy is 10
not a short tenancy (moveable dwelling)--4 weeks after the 11
notice is given; or 12
(e) if the notice is given because of employment termination and the 13
tenancy is not a short tenancy (moveable dwelling)--4 weeks 14
after the notice is given; or 15
(f) if the notice is given because of ending of accommodation 16
assistance--2 months after the notice is given; or 17
(g) if the notice is given without ground for a periodic agreement and 18
the tenancy is not a short tenancy (moveable 19
dwelling)--2 months after the notice is given; or 20
(h) if the notice is given without ground for a fixed term 21
agreement--the later of-- 22
(i) 14 days after the notice is given; or 23
(ii) the day the term of the agreement ends. 24
day for notice to leave (moveable dwelling premises) 25
Handover
198.(1) The handover day for a notice to leave for moveable dwelling 26
premises must not be earlier than-- 27
(a) if the tenancy is a short tenancy (moveable dwelling) and the 28
notice is not a notice to which subsection (2) applies--2 days 29
after the notice is given; or 30
(b) if the notice is given because of an unremedied breach and the 31
s 199 105 s 199
Residential Tenancies
tenancy is a long tenancy (moveable dwelling)--2 days after the 1
notice is given; or 2
(c) if the notice is given because of non-compliance (moveable 3
dwelling relocation)--2 days after the notice is given; or 4
(d) if the notice is given because of a voluntary park 5
closure--2 months after the notice is given; or 6
(e) if the notice is given because of a compulsory park closure--the 7
day the notice is given. 8
(2) Subsection (1)(a) does not apply to a notice to leave because of any of 9
the following-- 10
· non-livability 11
· compulsory acquisition 12
· voluntary park closure 13
· compulsory park closure 14
· ending of accommodation assistance. 15
day for notice of intention to leave (premises generally) 16
Handover
199. The handover day for a notice of intention to leave must not be 17
earlier than-- 18
(a) if the notice is given because of an unremedied breach and the 19
tenancy is not a short tenancy (moveable dwelling)--7 days after 20
the notice is given; or 21
(b) if the notice is given because of non-livability--the day the notice 22
is given; or 23
(c) if the notice is given because of compulsory 24
acquisition--2 months after the notice is given; or 25
(d) if the notice is given without ground for a periodic agreement and 26
the tenancy is not a short tenancy (moveable dwelling)--2 weeks 27
after the notice is given; or 28
(e) if the notice is given without ground for a fixed term 29
agreement--the later of-- 30
s 200 106 s 202
Residential Tenancies
(i) 14 days after the notice is given; or 1
(ii) the day the term of the agreement ends. 2
day for notice of intention to leave (moveable dwelling 3
Handover
premises) 4
200.(1) This section applies to a notice of intention to leave only if the 5
notice is given-- 6
(a) for a tenancy that is a short tenancy (moveable dwelling); and 7
(b) because of an unremedied breach. 8
(2) The handover day for the notice must not be earlier than 24 hours 9
after the notice is given. 10
notice of intention to leave 11
Withdrawing
201.(1) The tenant may withdraw a notice of intention to leave the 12
premises given by the tenant to the lessor. 13
(2) However, the withdrawal-- 14
(a) must be made before the handover day; and 15
(b) may be made only with the lessor's written agreement. 16
for termination orders 17
Applications
202.(1) An application may be made to a tribunal for a termination order 18
by the lessor without giving a notice to leave the premises to the tenant if the 19
application is made because of any of the following-- 20
· failure to leave as intended 21
· excessive hardship 22
· damage 23
· injury 24
· objectionable behaviour. 25
(2) An application may be made to a tribunal for a termination order by 26
the tenant without giving a notice of intention to leave the premises to the 27
lessor if the application is made because of any of the following-- 28
s 203 107 s 204
Residential Tenancies
· excessive hardship 1
· injury 2
· damage 3
· objectionable behaviour. 4
to tribunal 5
Applications
203. A tribunal may consider an application made to it under Part 2 or 3 6
only if it is satisfied the applicant is entitled to make the application. 7
PART 6--ORDERS OF TRIBUNAL 8
to leave for unremedied breach 9
Failure
204.(1) This section applies if-- 10
(a) an application is made to a tribunal for a termination order 11
because of a failure to leave; and 12
(b) the notice to leave was given because of an unremedied breach. 13
(2) The tribunal may make the order if it is satisfied-- 14
(a) the lessor has established the ground of the application and notice 15
to leave; and 16
(b) the tenant committed the breach of the agreement stated in the 17
notice to remedy breach about which the notice to leave was 18
given; and 19
(c) the breach justifies terminating the agreement. 20
(3) In deciding if the breach justifies terminating the agreement, the 21
tribunal may have regard to-- 22
(a) the seriousness of the breach; and 23
(b) any steps taken by the tenant to remedy the breach; and 24
(c) whether the breach was recurrent and, if it was recurrent, the 25
s 205 108 s 206
Residential Tenancies
frequency of the recurrences; and 1
(d) the detriment caused, or likely to be caused, to the lessor by the 2
breach; and 3
(e) whether the lessor has acted reasonably about the breach; and 4
(f) any other issues it considers appropriate. 5
(4) Subsection (3) does not limit the issues to which the tribunal may 6
have regard. 7
to leave for non-compliance (tribunal order) 8
Failure
205.(1) This section applies if-- 9
(a) an application is made to a tribunal for a termination order 10
because of a failure to leave; and 11
(b) the notice to leave was given because of non-compliance (tribunal 12
order). 13
(2) The tribunal may make the order if it is satisfied-- 14
(a) the lessor has established the ground of the application and notice 15
to leave; and 16
(b) it is appropriate to make the order. 17
to leave for non-compliance (moveable dwelling relocation) 18
Failure
206.(1) This section applies if-- 19
(a) an application is made to a tribunal for a termination order 20
because of a failure to leave; and 21
(b) the notice to leave was given because of non-compliance 22
(moveable dwelling relocation). 23
(2) The tribunal may make the order if it is satisfied-- 24
(a) the lessor has established the ground of the application, notice to 25
leave and notice to relocate; and 26
(b) considers it is appropriate to make the order. 27
s 207 109 s 209
Residential Tenancies
to leave for other grounds 1
Failure
207.(1) This section applies if-- 2
(a) an application is made to a tribunal for a termination order 3
because of a failure to leave; and 4
(b) the notice to leave was given because any of the following-- 5
· non-livability 6
· compulsory acquisition 7
· sale contract 8
· voluntary park closure 9
· compulsory park closure 10
· employment termination 11
· ending of accommodation assistance. 12
(2) The tribunal may make the order if it is satisfied the lessor has 13
established the ground of the application and notice to leave. 14
to leave without ground 15
Failure
208.(1) This section applies if-- 16
(a) an application is made to a tribunal for a termination order 17
because of a failure to leave; and 18
(b) the notice to leave was given without ground. 19
(2) The tribunal may make the order if it is satisfied it is appropriate to 20
make the order. 21
to leave as intended 22
Failure
209. If an application is made to a tribunal for a termination order 23
because of a failure to leave as intended, the tribunal may make the order if 24
it is satisfied the lessor has established the ground of the application. 25
s 210 110 s 212
Residential Tenancies
hardship 1
Excessive
210. If an application is made to a tribunal for a termination order 2
because of excessive hardship, the tribunal may make the order if it is 3
satisfied the applicant has established the ground of the application. 4
or injury 5
Damage
211.(1) If an application is made to a tribunal for a termination order 6
because of damage or injury, the tribunal may make the order if it is 7
satisfied the applicant has established the ground of the application. 8
(2) If the application is made because of injury by the spouse of the 9
tenant or a cotenant whose spouse is the other, or another, cotenant, in 10
deciding the application the tribunal must have regard to the following 11
issues (the "domestic violence issues")-- 12
(a) whether the applicant has applied for a domestic violence order 13
against the applicant's spouse; 14
(b) if an application was made--whether a domestic violence order 15
was made and, if made, whether it is in force; 16
(c) if a domestic violence order is in force--whether a condition was 17
imposed prohibiting the applicant's spouse from entering, or 18
remaining in, the premises. 19
(3) Subsection (2) does not limit the issues to which the tribunal may 20
have regard. 21
behaviour 22
Objectionable
212.(1) If an application is made to a tribunal for a termination order 23
because of objectionable behaviour, the tribunal may make the order if it is 24
satisfied-- 25
(a) the applicant has established the ground of the application; and 26
(b) the behaviour justifies terminating the agreement. 27
(2) In deciding if the behaviour justifies terminating the agreement, the 28
tribunal may have regard to-- 29
(a) whether the behaviour was recurrent and, if it was recurrent, the 30
s 213 111 s 216
Residential Tenancies
frequency of the recurrences; and 1
(b) for behaviour in the form of harassment, intimidation or verbal 2
abuse--its seriousness. 3
(3) Subsection (2) does not limit the issues to which the tribunal may 4
have regard. 5
6
Incompatibility
213. If an application is made to a tribunal for a termination order on the 7
ground because of incompatibility, the tribunal may make the order if it is 8
satisfied the applicant has established the ground of the application. 9
order about damage or injury 10
Interim
214. If an application is made to a tribunal for an order to restrain a party 11
from causing damage or injury, the tribunal may make the order if it is 12
satisfied it is appropriate to make the order. 13
in notice to leave 14
Defect
215.(1) This section applies if-- 15
(a) an application is made to a tribunal for a termination order 16
because of a failure to leave; and 17
(b) the notice to leave contained a defect. 18
(2) Despite the defect, the tribunal may make the order if it is satisfied it 19
is appropriate to make the order in all the circumstances of the case. 20
PART 7--RECOVERY OF POSSESSION OF 21
PREMISES 22
of warrant of possession 23
Issue
216.(1) If a tribunal makes a termination order, it also must issue a 24
s 217 112 s 219
Residential Tenancies
warrant of possession. 1
(2) If the termination order is made on an application made because of 2
excessive hardship, as well as issuing the warrant of possession, the 3
tribunal may make any other order it considers appropriate including, for 4
example, an order that the applicant pay compensation to the other party to 5
the agreement for the other party's loss of the tenancy. 6
of possession 7
Warrant
217.(1) A warrant of possession must-- 8
(a) authorise a police officer, or a stated authorised person, to enter 9
the premises and give possession of the premises to the person in 10
whose favour the termination order was made; and 11
(b) authorise the person to whom the warrant is directed to exercise 12
the powers under the warrant with necessary and reasonable help 13
and force; and 14
(c) state the hours of the day when entry may be made; and 15
(d) state the day (within 14 days after the warrant takes effect) the 16
warrant ends. 17
(2) The registrar must give written notice of the issue of a warrant of 18
possession to the former tenant as soon as practicable after the warrant is 19
issued. 20
(3) A warrant of possession does not take effect until the end of the 21
period stated by the tribunal. 22
of warrant of possession 23
Execution
218. The person to whom a warrant of possession is directed may 24
exercise the powers under the warrant in the way stated in the warrant. 25
of recovering possession of premises 26
Way
219.(1) This section applies to premises in the possession of a person-- 27
(a) as the tenant under an agreement; or 28
(b) as the former tenant under an agreement holding over after 29
s 220 113 s 221
Residential Tenancies
termination of the agreement. 1
(2) A person must not enter the premises to recover possession of the 2
premises, unless the entry is authorised under this Act. 3
Maximum penalty--50 penalty units. 4
of person executing warrant of possession 5
Obstruction
220. A person must not obstruct a person in the exercise of a power 6
under a warrant of possession, unless the person has a reasonable excuse. 7
Maximum penalty--50 penalty units. 8
PART 8--ABANDONMENT 9
of agreement by lessor if premises abandoned 10
Termination
221.(1) If the lessor believes on reasonable grounds that the tenant has 11
abandoned the premises, the lessor may give a notice ("abandonment 12
termination notice") to the tenant terminating the agreement. 13
(2) The notice must be in the approved form. 14
(3) The approved form must provide for the notice-- 15
(a) to be signed by or for the lessor; and 16
(b) to identify the premises; and 17
(c) to state the lessor is terminating the agreement because the tenant 18
has abandoned the premises. 19
(4) The tenant may dispute the ground of the notice by giving written 20
notice of the dispute to the lessor within 14 days after the notice is given to 21
the tenant. 22
(5) If the tenant does not dispute the ground of the notice within the 14 23
day period, the tenant is taken to have abandoned the premises. 24
s 222 114 s 223
Residential Tenancies
about abandonment 1
Order
222.(1) If the lessor believes on reasonable grounds that the tenant has 2
abandoned the premises, the lessor may apply to a tribunal for an order 3
declaring that the tenant has abandoned the premises. 4
(2) The application may be decided by a tribunal or registrar. 5
(3) The lessor may make the application instead of giving an 6
abandonment termination notice to the tenant. 7
(4) If an application is made, a tribunal or registrar may make an order 8
declaring that the premises were abandoned by the tenant on the day stated 9
in the order. 10
(5) The tenant is taken to have abandoned the premises on the day stated. 11
bandoned goods 12
A
223.(1) This section applies if-- 13
(a) an agreement is terminated; and 14
(b) goods that are not personal documents are left on the premises by 15
the tenant. 16
(2) The person who was the lessor may sell the goods, or dispose of 17
them in another way, if the person believes on reasonable grounds that-- 18
(a) the value of the goods is less than the amount prescribed under 19
the regulations; or 20
(b) storage of the goods-- 21
(i) would be unhealthy or unsafe; or 22
(ii) would cause the market value of the goods to be completely 23
or substantially depreciated; or 24
(c) the cost of removing, storing and selling the goods would be 25
more than the proceeds of sale of the goods. 26
(3) If subsection (2) does not apply, the person must store the goods 27
safely for the period prescribed under the regulations (the "storage 28
period"). 29
(4) If, at the end of the storage period, the goods have not been 30
s 224 115 s 224
Residential Tenancies
reclaimed, the person may-- 1
(a) sell the goods by auction; or 2
(b) if, on an application made to a tribunal by the person, the tribunal 3
makes an order authorising the sale of the goods in another 4
way--sell the goods under the order; or 5
(c) if the person cannot sell the goods under paragraph (a) or 6
(b)--dispose of them in another way. 7
(5) For subsection (4)(a), if procedures for selling goods by auction are 8
prescribed under the regulations, the person must sell the goods under the 9
procedures. 10
(6) Before the goods are disposed of, the person must let the person 11
entitled to the goods to reclaim possession of them on paying the reasonable 12
removal and storage costs to the person responsible for storage. 13
(7) If the person sells the goods, the person-- 14
(a) may keep out of the proceeds of the sale-- 15
(i) the reasonable costs of removing, storing and selling the 16
goods; and 17
(ii) any amount owed to the person by the tenant under the 18
agreement; and 19
(b) must pay the balance to the Public Trustee. 20
(8) The person does not incur any liability for removing, selling or 21
disposing of the goods under this section. 22
(9) A person who acquires the goods (whether as purchaser or in another 23
way) acquires a good title to the goods, and the interest someone else in the 24
goods ends, unless the person acquiring the goods did not act honestly. 25
bandoned documents 26
A
224.(1) This section applies if-- 27
(a) an agreement is terminated; and 28
(b) a personal document is left at the premises by the tenant. 29
(2) The person who was the lessor must, within the required period, give 30
s 225 116 s 225
Residential Tenancies
the document-- 1
(a) to the former tenant; or 2
(b) if the person does not know where the former tenant is--to the 3
Public Trustee. 4
Maximum penalty--10 penalty units. 5
(3) In subsection (2)-- 6
"required period" means the period ending 7 days after the agreement is 7
terminated or the person finds the document (whichever is the later). 8
ART 9--COMPENSATION 9
P
remaining in possession 10
Tenant
225.(1) If a tenant fails to hand over vacant possession of premises after 11
a termination order is made by a tribunal, the lessor is entitled to receive 12
from the tenant-- 13
(a) compensation for any loss or expense incurred by the lessor by 14
the failure; and 15
(b) an occupation fee equal to the amount of rent that would have 16
been payable by the tenant for the premises for the period the 17
tenant remains in possession after termination of the agreement. 18
(2) If an application is made to a tribunal under this section by the lessor, 19
the tribunal may make an order requiring the tenant to pay to the lessor the 20
following amounts-- 21
(a) the amount it considers the lessor is entitled to receive for 22
compensation; 23
(b) the amount it considers the lessor is entitled to receive for the 24
occupation fee. 25
s 226 117 s 228
Residential Tenancies
on abandonment termination notice 1
Compensation
226.(1) If an agreement is terminated by the giving of an abandonment 2
termination notice to the tenant, the lessor may apply to a tribunal for an 3
order for compensation. 4
(2) If an application is made by the lessor, a tribunal or registrar may 5
make an order requiring the tenant to pay to the lessor an amount it 6
considers appropriate as compensation for any loss (including loss of rent) 7
or expense incurred by the lessor by the abandonment. 8
on termination by tribunal or registrar 9
Compensation
227. If a tribunal or registrar makes an order declaring that premises 10
were abandoned by the tenant under an agreement, the tribunal or registrar 11
also may make an order requiring the tenant to pay to the lessor an amount 12
it considers appropriate as compensation for any loss (including loss of 13
rent) or expense incurred by the lessor by the abandonment. 14
of abandonment order 15
Review
228.(1) The former tenant under an agreement who is dissatisfied with a 16
decision of a tribunal or registrar declaring that the person abandoned the 17
premises on a stated day may apply to a tribunal for a review of the 18
decision. 19
(2) The application must be made within 14 days after the decision is 20
made. 21
(3) The review is to be by way of a re-hearing. 22
(4) The tribunal may make an order under this section if it is satisfied the 23
applicant did not abandon the premises or only abandoned the premises on 24
a day after the day stated. 25
(5) The order the tribunal may make is an order requiring the former 26
lessor under the agreement to pay to the applicant an amount the tribunal 27
considers appropriate as compensation for any loss or expense incurred by 28
the applicant by the termination of the agreement. 29
s 229 118 s 230
Residential Tenancies
bandoned goods 1
A
229.(1) This section applies if the former tenant under an agreement is 2
dissatisfied with the way the former lessor dealt, or is dealing, with goods 3
left on the premises by the tenant after the agreement was terminated. 4
(2) If an application about the issue is made to a tribunal by the former 5
tenant, the tribunal may-- 6
(a) make an order requiring the former lessor to pay to the applicant 7
an amount it considers appropriate as compensation for any loss 8
or expense incurred by the applicant because of the former 9
lessor's action in dealing with the goods; or 10
(b) make any other order it considers appropriate. 11
to mitigate loss or expense 12
Duty
230.(1) This section applies to the lessor if the lessor incurs loss or 13
expense because of-- 14
(a) the tenant's failure to hand over vacant possession of the 15
premises after a termination order is made by a tribunal; or 16
(b) the tenant's abandonment of the premises; or 17
(c) another act or omission of the tenant. 18
(2) This section applies to the tenant if the tenant-- 19
(a) incurs loss or expense because of an order made by a tribunal or 20
registrar declaring that the tenant abandoned the premises on a 21
stated day; and 22
(b) contends that the premises were not abandoned or were only 23
abandoned on a day after the day stated. 24
(3) The lessor or tenant-- 25
(a) must take all reasonable steps to mitigate the loss or expense; and 26
(b) is not entitled to receive compensation for any loss or expense 27
that could have been avoided by taking the steps. 28
s 231 119 s 231
Residential Tenancies
HAPTER 5--RESOLUTION OF TENANCY 1
C
ISSUES 2
ART 1--MEDIATION OF TENANCY DISPUTES 3
P
1--Requirement for mediation 4
Division
of "urgent application" 5
Meaning
231.(1) An application to a tribunal is an "urgent application" if-- 6
(a) it is an application for a termination order; and 7
(b) it is made because of a failure to leave; and 8
(c) the notice to leave was given because the rent payable under an 9
agreement has remained unpaid in breach of the agreement for at 10
least 7 days. 11
(2) An application to a tribunal is an "urgent application" if it is an 12
application for a termination order made on any of the following grounds-- 13
· non-compliance (tribunal order) 14
· excessive hardship 15
· damage 16
· injury 17
· objectionable behaviour. 18
(3) An application to a tribunal is an "urgent application" if it is an 19
application for a termination order for moveable dwelling premises in a 20
moveable dwelling park to which a short tenancy (moveable dwelling) 21
applies. 22
(4) An application to a tribunal is an "urgent application" if-- 23
(a) it is an application for an order to restrain a person from causing 24
damage or injury; and 25
s 232 120 s 233
Residential Tenancies
(b) the applicant also has made, or makes, an application for a 1
termination order on the ground of damage or injury. 2
(5) An application to a tribunal is an "urgent application" if it is made 3
under any of the following sections-- 4
· section 128 (Order of tribunal about emergency repairs) 5
· section 138 (Application to tribunal about proposal) 6
· section 150 (Replacement of tenant for injury to spouse) 7
· section 222 (Order about abandonment) 8
· section 225 (Tenant remaining in possession) 9
· section 226 (Compensation on abandonment termination notice) 10
· section 228 (Review of abandonment order) 11
· section 229 (Abandoned goods). 12
to tribunal 13
Applications
232.(1) A lessor or tenant may apply to a tribunal under this Act only 14
if-- 15
(a) the mediation process about the issue to which the application 16
relates has ended without a mediated resolution having been 17
reached about the issue; or 18
(b) the mediation process ended with a mediated resolution having 19
been reached but the applicant believes on reasonable grounds that 20
the other party has breached the mediation agreement; or 21
(c) there is no issue in dispute between the parties. 22
(2) Subsection (1) does not apply to an urgent application. 23
2--Starting the mediation process 24
Division
of notice of mediation 25
Giving
233.(1) If an application about an issue may be made to a tribunal by the 26
lessor or tenant only if a mediated solution is not reached about the issue, 27
s 234 121 s 236
Residential Tenancies
the lessor or tenant may give a notice (the "mediation notice") to the 1
Authority about the issue in dispute (the "tenancy dispute"). 2
(2) The mediation notice must be in the approved form. 3
to making of tribunal application includes giving of 4
Reference
mediation notice 5
234.(1) This section applies if-- 6
(a) an application about an issue (the "dispute issue") may be made 7
to a tribunal by the lessor or tenant under a residential tenancy 8
agreement; and 9
(b) under a provision of this Act, the question whether the application 10
has been made is relevant to an issue. 11
(2) A reference in the provision to the making of an application about the 12
dispute issue includes a reference to the giving of a mediation notice to the 13
Authority about the dispute issue. 14
to be taken on mediation notice 15
Action
235. As soon as practicable after a mediation notice is given but, within 7 16
days after the notice is given, the Authority must-- 17
(a) nominate a mediator to mediate the tenancy dispute; and 18
(b) give written notice to the parties to the dispute of-- 19
(i) the mediator; and 20
(ii) the time, date and place of a conference to be held by the 21
mediator to mediate the dispute. 22
3--Conduct of mediation conference 23
Division
fee 24
Mediation
236. The mediator may hold the mediation conference only if the fee 25
prescribed under the regulations has been paid to the Authority by the 26
person who gave the mediation notice. 27
s 237 122 s 241
Residential Tenancies
right of representation 1
Limited
237. At the mediation conference, each party to the tenancy dispute-- 2
(a) must conduct the party's own case; and 3
(b) may be represented by an approved representative only if-- 4
(i) the party is a corporation; or 5
(ii) the mediator is satisfied, and continues to be satisfied, a 6
person should be allowed to represent the party. 7
to be held in private 8
Conference
238. The mediation conference is not open to the public. 9
attendance at conference not compellable 10
Parties
239.(1) A party to the tenancy dispute cannot be compelled to attend the 11
mediation conference. 12
(2) A party may withdraw from the conference at any time. 13
(3) The mediator must record a party's failure to attend, or withdrawal 14
from, the conference. 15
(4) The mediation conference may be ended at any time by the mediator. 16
to mediation conference 17
Parties
240.(1) The mediator may allow a person to take part in the mediation 18
conference if the mediator is satisfied the person has a sufficient interest in 19
the resolution of the tenancy dispute. 20
(2) However, the person does not become a party to the dispute. 21
agreements 22
Mediation
241.(1) This section applies if the parties to the tenancy dispute reach an 23
agreement on resolving the dispute. 24
(2) The agreement must be put into writing and signed by or for the 25
parties. 26
s 242 123 s 243
Residential Tenancies
(3) The mediator must give a copy of the signed agreement to the 1
Authority as soon as practicable after it is signed. 2
(4) The agreement must not be inconsistent with this Act. 3
record of mediation conference 4
No
242.(1) A person must not make a record of anything said at a mediation 5
conference. 6
Maximum penalty--20 penalty units. 7
(2) However, the mediator may make notes of the mediation conference 8
the mediator considers appropriate. 9
Division 4--Administration 10
11
Register
243.(1) The Authority must keep a register of tenancy disputes. 12
(2) The register must contain the following details for each tenancy 13
dispute-- 14
(a) the date the mediation notice was given; 15
(b) the names of the parties; 16
(c) the type of issue in dispute; 17
(d) whether an agreement on resolving of the dispute was reached. 18
(3) The register must not contain information about the attendance of a 19
party at, or the withdrawal of a party from, a mediation conference. 20
(4) The Authority must-- 21
(a) if asked by a tribunal--give a copy of the register, or a part of it, 22
to the tribunal; and 23
(b) in relation to the person by whom the mediation notice for a 24
tenancy dispute was given-- 25
(i) give the person a copy of the part of the register for the 26
dispute; and 27
s 244 124 s 245
Residential Tenancies
(ii) permit the person to take an extract from the register; and 1
(iii) on payment of the appropriate fee by the person--give the 2
person a copy of the register or a part of it. 3
(5) The fee for a copy of the register or part of it is the amount that the 4
Authority considers to be not more than the reasonable cost of making the 5
copy. 6
of disputes 7
Withdrawal
244.(1) A person may, by written notice given to the Authority, 8
withdraw a mediation notice given by the person. 9
(2) The notice may be given before or after a mediator starts mediating 10
the tenancy dispute. 11
(3) If the Authority has nominated a mediator for the tenancy dispute, the 12
Authority must advise the mediator of the withdrawal as soon as practicable 13
after it receives the notice. 14
5--Confidentiality, privilege and immunity 15
Division
16
to maintain secrecy 17
Mediators
245.(1) A mediator must not disclose information coming to the 18
mediator's knowledge during the mediation of a tenancy dispute. 19
Maximum penalty--20 penalty units. 20
(2) However, a mediator may disclose information-- 21
(a) with the agreement of all parties to the tenancy dispute; or 22
(b) for statistical purposes without revealing the identity of any 23
person about whom the information is relevant; or 24
(c) for an inquiry or proceeding about an offence or other misconduct 25
that happens during the mediation process; or 26
(d) under a requirement under this or another Act. 27
s 246 125 s 249
Residential Tenancies
protection and immunity allowed 1
Ordinary
246.(1) A mediator has, in performing the mediator's functions, the 2
same protection and immunity as a Supreme Court Judge performing the 3
functions of a Judge. 4
(2) A person who is a party, or the party's representative, appearing at a 5
mediation conference for a tenancy dispute has the same protection and 6
immunity the person would have if the dispute were being heard in the 7
Supreme Court. 8
(3) A document produced at, or used for, a mediation conference has the 9
same protection during the mediation conference it would have if produced 10
before the Supreme Court. 11
made during mediation conference 12
Admissions
247. Evidence of anything said in a mediation conference for a tenancy 13
dispute is not admissible in any proceeding before any court or tribunal. 14
ART 2--GENERAL POWERS OF TRIBUNALS 15
P
of Act to agreements 16
Application
248.(1) A person may apply to a tribunal for an order, and the tribunal 17
may make an order, declaring that a stated agreement is, or is not, a 18
residential tenancy agreement to which this Act applies. 19
(2) The tribunal may allow the Authority to intervene in, or support, an 20
application under subsection (1). 21
about breach of agreements 22
Applications
249.(1) If a lessor or tenant claims there has been a breach of a term of 23
an agreement, the lessor or tenant may apply to a tribunal for an order about 24
the breach. 25
(2) The application must be made within 1 month after the lessor or 26
tenant becomes aware of the breach. 27
s 250 126 s 250
Residential Tenancies
(3) The application may be made-- 1
(a) during the term, or after the termination, of the agreement; and 2
(b) whether or not an application for termination, or a termination 3
order, has been made about the agreement. 4
about breach of agreements 5
Orders
250.(1) If an application about a breach is made to a tribunal, the tribunal 6
may make any 1 or more of the following orders-- 7
(a) an order restraining any action in breach of the agreement; 8
(b) an order requiring an action in performance of the agreement; 9
(c) an order that a party to the agreement perform the work, or take 10
the steps, stated in the order to remedy a breach of the agreement; 11
(d) an order for compensation; 12
(e) an order requiring payment of all or part of the rent under the 13
agreement to the tribunal until-- 14
(i) the whole or part of the agreement has been performed; or 15
(ii) an application for compensation has been decided; 16
(f) an order requiring payment (from rent paid to the tribunal) 17
towards-- 18
(i) the cost of remedying a breach of the agreement; or 19
(ii) an amount for compensation. 20
21
Examples of matters for which compensation orders may be made--
22
1. For loss of rent.
23
2. If the lessor acts unreasonably in failing to agree to the attaching of a fixture, or
24
the making of a structural change, to the premises.
25
3. For another breach of the agreement.
(2) An order under subsection (1)(a) may be made even if it provides a 26
remedy in the nature of an injunction or order for specific performance in 27
circumstances where the remedy would not otherwise be available. 28
s 251 127 s 252
Residential Tenancies
of Aboriginal tradition 1
Application
251.(1) This section applies if-- 2
(a) the lessor is-- 3
(i) an Aboriginal Council under the Community Services 4
(Aborigines) Act 1984; or 5
(ii) a local government under the Local Government (Aboriginal 6
Lands) Act 1978; or 7
(iii) an entity prescribed under the regulations; and 8
(b) the tenant is an Aborigine. 9
(2) In deciding an application for a termination order, a tribunal must 10
have regard to the lessor's practice (the "lessor's Aboriginal tradition 11
practice") in observing Aboriginal tradition in dealing with similar 12
breaches of other residential tenancy agreements by other tenants of the 13
lessor. 14
(3) In considering Aboriginal tradition, the tribunal may hear evidence 15
from, and the opinions of-- 16
(a) persons recognised under Aboriginal tradition as respected 17
persons; or 18
(b) other persons with special knowledge of, or expertise in, 19
Aboriginal tradition. 20
(4) The opinion of persons mentioned in subsection (3) are not 21
inadmissible as evidence merely because they are hearsay. 22
(5) The tribunal may decide not to make the termination order if it would 23
be inconsistent with the lessor's Aboriginal tradition practice. 24
of Island custom 25
Application
252.(1) This section applies if-- 26
(a) the lessor is-- 27
(i) an Island Council under the Community Services 28
(Torres Strait) Act 1984; or 29
(ii) an entity prescribed under the regulations; and 30
s 253 128 s 254
Residential Tenancies
(b) the tenant is a Torres Strait Islander. 1
(2) In deciding an application for a termination order, a tribunal must 2
have regard to the lessor's practice (the "lessor's Island custom practice") 3
in observing Island custom in dealing with similar breaches of other 4
residential tenancy agreements by other tenant's of the lessor. 5
(3) In considering Island custom, the tribunal may hear evidence from, 6
and the opinions of-- 7
(a) persons recognised under Island custom as respected persons; or 8
(b) other persons with special knowledge of, or expertise in, Island 9
custom. 10
(4) The opinions of persons mentioned in subsection (3) are not 11
inadmissible as evidence merely because they are hearsay. 12
(5) The tribunal may decide not to make the termination order if it would 13
be inconsistent with the lessor's Island custom practice. 14
about tenant's notices 15
Disputes
253.(1) If a lessor disputes the ground stated in a notice to remedy 16
breach, or notice of intention to leave premises, given to the lessor by the 17
tenant under an agreement, the lessor may apply to a tribunal for an order 18
about the notice. 19
(2) If the tribunal is satisfied the tenant was not entitled to give the notice 20
on the ground stated, it may make an order under this section. 21
(3) If the tribunal decides the application before the agreement is 22
terminated, it may make any order it considers appropriate. 23
(4) If the tribunal decides the application after the agreement is terminated 24
because of the tenant's action, it may make an order requiring the tenant to 25
pay to the lessor an amount it considers appropriate as compensation for 26
any loss (including loss of rent) or expense incurred by the lessor by the 27
tenant leaving the premises. 28
disputes between lessors and tenants 29
General
254.(1) If there is a dispute between the lessor and tenant about an 30
agreement, either party may apply to a tribunal for an order, and the tribunal 31
s 255 129 s 258
Residential Tenancies
may make any order it considers appropriate, to resolve the dispute. 1
(2) An application under subsection (1) may be made by a cotenant. 2
between cotenants about rental bonds 3
Disputes
255. If there is a dispute between cotenants about a rental bond for an 4
agreement, any cotenant may apply to a tribunal for an order, and the 5
tribunal may make any order it considers appropriate, to resolve the dispute. 6
applications may be decided together 7
Different
256. If different applications about an agreement are made to a tribunal 8
by the parties or either party, the tribunal may consider and decide the 9
applications at the same time. 10
applications 11
Joining
257. A tribunal may allow an application of a subtenant to be joined with 12
an application of the lessor or tenant. 13
CHAPTER 6--ENFORCEMENT 14
ART 1--AUTHORISED PERSONS 15
P
persons under this Chapter 16
Authorised
258.(1) This Chapter includes provision for the appointment of 17
authorised persons, and gives authorised persons certain powers. 18
(2) The purpose of these provisions is to ensure that the Authority has 19
available to it suitably qualified persons who can help the Authority 20
properly deal with issues about compliance with this Act. 21
s 259 130 s 261
Residential Tenancies
1
Appointment
259.(1) The Authority may appoint any of the following persons as 2
authorised persons-- 3
(a) officers of the Authority; 4
(b) officers or employees of a department; 5
(c) other persons prescribed under the regulations. 6
(2) The Authority may appoint a person as an authorised person only 7
if-- 8
(a) in the Authority's opinion, the person has the necessary expertise 9
or experience to be an authorised person; or 10
(b) the person has satisfactorily finished training approved by the 11
Authority. 12
of authorised person's powers 13
Limitation
260.(1) The powers of an authorised person may be limited-- 14
(a) under a regulation; or 15
(b) under a condition of appointment; or 16
(c) by written notice of the Authority given to the authorised person. 17
(2) Notice under subsection (1)(c) may be given orally, but must be 18
confirmed in writing as soon as practicable. 19
person's conditions of appointment 20
Authorised
261.(1) An authorised person holds office on the conditions stated in the 21
instrument of appointment. 22
(2) An authorised person-- 23
(a) if the appointment provides for a term of appointment--ceases 24
holding office at the end of the term; and 25
(b) may resign by signed notice of resignation given to the Authority; 26
and 27
(c) if the conditions of appointment provide--ceases holding office 28
s 262 131 s 263
Residential Tenancies
as an authorised person on ceasing to hold another office stated in 1
the appointment conditions (the "main office"). 2
(3) However, an authorised person may not resign from the office of 3
authorised person (the "secondary office") under subsection (2)(b) if a 4
term of the authorised person's employment to the main office requires the 5
authorised person to hold the secondary office. 6
person's identity card 7
Authorised
262.(1) The Authority must give each authorised person an identity card. 8
(2) The identity card must-- 9
(a) contain a recent photograph of the authorised person; and 10
(b) be signed by the authorised person; and 11
(c) include an expiry date; and 12
(d) identify the person as an authorised person under this Act. 13
(3) A person who ceases to be an authorised person must return his or 14
her identity card to the Authority within 21 days after the person ceases to 15
be an authorised person, unless the person has a reasonable excuse for not 16
returning it. 17
Maximum penalty--80 penalty units. 18
(4) This section does not prevent the giving of a single identity card to a 19
person under this section and for other provisions, Acts or purposes. 20
or display of authorised person's identity card 21
Production
263.(1) An authorised person may exercise a power under this Act in 22
relation to someone else (the "other person") only if the authorised 23
person-- 24
(a) first produces his or her identity card for the other person's 25
inspection; or 26
(b) has the identity card displayed so it is clearly visible to the other 27
person. 28
(2) However, if for any reason, it is not practicable to comply with 29
s 264 132 s 265
Residential Tenancies
subsection (1), the authorised person must produce the identity card for the 1
other person's inspection at the first reasonable opportunity. 2
PART 2--POWERS OF AUTHORISED PERSONS 3
FOR PLACES 4
to places 5
Entry
264.(1) An authorised person may enter a place under this Part if-- 6
(a) its occupier agrees to the entry; or 7
(b) the entry is permitted by a warrant. 8
(2) An authorised person, without the occupier's agreement or a warrant, 9
may-- 10
(a) enter a place when it is open to the public; or 11
(b) enter land to ask for the occupier's agreement to the authorised 12
person entering the land or a building or structure on the land. 13
(3) Unless an entry under this Part is made under the authority of a 14
warrant, the entry must be made at a reasonable time. 15
for entry 16
Warrants
265.(1) An authorised person may apply to a Magistrate for a warrant for 17
a place. 18
(2) The application must be sworn and must state the grounds on which 19
the warrant is sought. 20
(3) The Magistrate may refuse to consider the application until the 21
authorised person gives the Magistrate all the information the Magistrate 22
requires about the application in the way the Magistrate requires. 23
24
Example--
25
The Magistrate may require additional information supporting the application be
26
given by statutory declaration.
s 266 133 s 266
Residential Tenancies
(4) The Magistrate may issue a warrant only if the Magistrate is satisfied 1
there are reasonable grounds for suspecting-- 2
(a) there is a particular thing or activity (the "evidence") that may 3
provide evidence of the commission of an offence against this 4
Act; and 5
(b) the evidence is at the place, or may be at the place within the next 6
7 days. 7
(5) The warrant must state-- 8
(a) the authorised person may, with necessary and reasonable help 9
and force, enter the place and exercise the authorised person's 10
powers under this Act; and 11
(b) the evidence for which the warrant is issued; and 12
(c) the hours of the day or night when entry may be made; and 13
(d) the day (within 14 days after the warrant's issue) when the 14
warrant ends. 15
(6) The Magistrate must record the reasons for issuing the warrant. 16
made other than in person 17
Warrants--applications
266.(1) An authorised person may apply for a warrant by phone, fax, 18
radio or another form of communication if the authorised person considers 19
it necessary because of urgent circumstances or other special circumstances, 20
including, for example, the authorised person's remote location. 21
(2) Before applying for the warrant, the authorised person must prepare 22
an application stating the grounds on which the warrant is sought. 23
(3) The authorised person may apply for the warrant before the 24
application is sworn. 25
(4) After issuing a warrant, the Magistrate must immediately fax a copy 26
to the authorised person if it is reasonably practicable to fax the copy. 27
(5) If it is not reasonably practicable to fax a copy of the warrant to the 28
authorised person-- 29
(a) the Magistrate must-- 30
(i) record on the warrant the reasons for issuing the warrant; 31
s 267 134 s 267
Residential Tenancies
and 1
(ii) tell the authorised person the date and time the warrant was 2
signed; and 3
(iii) tell the authorised person the warrant's terms; and 4
(b) the authorised person must write on a form of warrant (the 5
"warrant form")-- 6
(i) the Magistrate's name; and 7
(ii) the date and time the Magistrate signed the warrant; and 8
(iii) the warrant's terms. 9
(6) The facsimile warrant, or the warrant form properly completed by the 10
authorised person, authorises the entry and the exercise of the other powers 11
mentioned in the warrant issued by the Magistrate. 12
(7) The authorised person must, at the first reasonable opportunity, send 13
to the Magistrate-- 14
(a) the sworn application; and 15
(b) if a warrant form was completed by the authorised person--the 16
completed warrant form. 17
(8) On receiving the documents, the Magistrate must attach them to the 18
warrant. 19
(9) Unless the contrary is proved, a court must presume a power 20
exercised by an authorised person was not authorised by a warrant issued 21
under this section if-- 22
(a) a question arises, in a proceeding before the court, whether the 23
exercise of power was authorised by a warrant; and 24
(b) the warrant is not produced in evidence. 25
person's general powers for places 26
Authorised
267.(1) An authorised person who enters a place under this Part may-- 27
(a) search any part of the place; or 28
(b) examine, inspect, test, photograph or film anything at the place; or 29
s 268 135 s 268
Residential Tenancies
(c) copy a document at the place; or 1
(d) take into the place any persons, equipment and materials the 2
authorised person reasonably requires for exercising a power in 3
relation to the place; or 4
(e) require a person at the place or the occupier of the place, to give 5
the authorised person reasonable help for the exercise of the 6
powers mentioned in paragraphs (a) to (d). 7
(2) A person who is required by an authorised person under 8
subsection (1)(e) to give the authorised person reasonable help for the 9
exercise of a power must comply with the requirement, unless the person 10
has a reasonable excuse for not complying with it. 11
Maximum penalty--20 penalty units. 12
(3) If the help is required to be given by-- 13
(a) answering a question; or 14
(b) producing a document (other than an authority or other document 15
required to be kept by the person under this Act or another Act); 16
it is a reasonable excuse for the person to fail to answer the question, or 17
produce the document, if complying with the requirement might tend to 18
incriminate the person. 19
(4) This section applies to an authorised person who enters a place to get 20
the occupier's agreement only if the agreement is given or the entry is 21
otherwise authorised. 22
ART 3--OTHER ENFORCEMENT MATTERS 23
P
or misleading information 24
False
268.(1) A person must not-- 25
(a) state anything to an authorised person the person knows is false 26
or misleading in a material particular; or 27
(b) omit from a statement made to an authorised person anything 28
s 269 136 s 270
Residential Tenancies
without which the statement is, to the person's knowledge, 1
misleading in a material particular. 2
Maximum penalty--20 penalty units. 3
(2) It is enough for a complaint for an offence against subsection (1)(a) 4
or (b) to state that the statement made was false or misleading to the 5
person's knowledge. 6
misleading or incomplete documents 7
False,
269.(1) A person must not give an authorised person a document 8
containing information the person knows is false, misleading or incomplete 9
in a material particular. 10
Maximum penalty--20 penalty units. 11
(2) However, the person does not commit an offence against 12
subsection (1) if, when giving the document, the person-- 13
(a) informs the authorised person, to the best of the person's ability, 14
how it is false, misleading or incomplete; and 15
(b) gives the correct information to the authorised person if the 16
person has, or can reasonably obtain, the correct information. 17
(3) It is enough for a complaint for an offence against subsection (1) to 18
state that the document was false, misleading or incomplete to the person's 19
knowledge. 20
person to give notice of damage 21
Authorised
270.(1) This section applies if-- 22
(a) an authorised person damages anything in the exercise of a power 23
under Part 2; or 24
(b) a person who is authorised by an authorised person to take action 25
under this Act damages anything in taking the action. 26
(2) The authorised person must promptly give written notice of the 27
particulars of the damage to the person who appears to the authorised 28
person to be the thing's owner. 29
(3) If the authorised person believes the damage was caused by a latent 30
s 271 137 s 272
Residential Tenancies
defect in the thing or other circumstances beyond the authorised person's 1
control, the authorised person may state this in the notice. 2
(4) If, for any reason, it is not practicable to comply with subsection (2), 3
the authorised person must-- 4
(a) leave the notice at the place where the damage happened; and 5
(b) ensure the notice is left in a reasonably secured way in a 6
conspicuous position. 7
(5) This section does not apply to damage the authorised person believes, 8
on reasonable grounds, is trivial. 9
10
Compensation
271.(1) A person may claim compensation if the person incurs loss or 11
expense because of the exercise or purported exercise of a power under 12
Part 2, including, for example, in complying with a requirement made of 13
the person under the Part. 14
(2) Compensation may be claimed and ordered in a proceeding for-- 15
(a) compensation brought in a court of competent jurisdiction; or 16
(b) an offence against this Act brought against the person making the 17
claim for compensation. 18
(3) A court may order compensation to be paid only if it is satisfied it is 19
just to make the order in the circumstances of the particular case. 20
(4) A regulation may prescribe matters that may, or must, be taken into 21
account by the court when considering whether it is just to make the order. 22
to entry 23
Agreement
272.(1) This section applies if an authorised person seeks the agreement 24
of an occupier of a place to an authorised person entering the place under 25
Part 2. 26
(2) In seeking the agreement, the authorised person must inform the 27
occupier-- 28
(a) of the purpose of the entry; and 29
s 273 138 s 274
Residential Tenancies
(b) that information obtained by the authorised person may be used 1
in evidence in court; and 2
(c) that the occupier is not required to agree to the entry. 3
(3) If the agreement is given, the authorised person may ask the occupier 4
to sign an acknowledgment of the occupier's agreement. 5
(4) The acknowledgment must-- 6
(a) state the occupier was informed-- 7
(i) of the purpose of the entry; and 8
(ii) that information obtained by the authorised person may be 9
used in evidence in court; and 10
(iii) that the occupier was not required to agree to the entry; and 11
(b) state the occupier agreed to the authorised person entering the 12
place and exercising powers under this Act; and 13
(c) state the time and date the agreement was given. 14
(5) If the occupier signs an acknowledgment of agreement, the 15
authorised person must immediately give a copy to the occupier. 16
of agreement 17
Evidence
273.(1) This section applies to a proceeding if-- 18
(a) a question arises whether an occupier of a place agreed to the 19
entry of the place by an authorised person under Part 2; and 20
(b) an acknowledgment of the occupier's agreement is not produced 21
in evidence. 22
(2) In a proceeding to which this section applies, the court may presume 23
the occupier did not agree to the entry, unless the contrary is proved. 24
of authorised person 25
Obstruction
274.(1) In this section-- 26
"authorised person" includes a person who is authorised by an authorised 27
person to take action under Part 2. 28
s 275 139 s 276
Residential Tenancies
(2) A person must not obstruct an authorised person in the exercise of a 1
power under this Act, unless the person has a reasonable excuse. 2
Maximum penalty--50 penalty units. 3
of authorised person 4
Impersonation
275. A person must not pretend to be an authorised person. 5
Maximum penalty--80 penalty units. 6
officers must ensure corporation complies with Act 7
Executive
276.(1) The executive officers of a corporation must ensure that the 8
corporation complies with this Act. 9
(2) If a corporation commits an offence against a provision of this Act, 10
each of the executive officers of the corporation also commits an offence, 11
namely, the offence of failing to ensure the corporation complies with this 12
Act. 13
Maximum penalty--the penalty for the contravention of the provision by an 14
individual. 15
(3) Evidence that the corporation committed an offence against this Act 16
is evidence that each of the executive officers committed the offence of 17
failing to ensure that the corporation complies with this Act. 18
(4) However, it is a defence for an executive officer to prove-- 19
(a) if the officer was in a position to influence the conduct of the 20
corporation in relation to the offence--the officer took all 21
reasonable steps to ensure the corporation complied with the 22
provision; or 23
(b) the officer was not in a position to influence the conduct of the 24
corporation in relation to the offence. 25
s 277 140 s 277
Residential Tenancies
ART 4--EVIDENCE 1
P
provisions 2
Evidentiary
277.(1) This section applies to a proceeding under this Act. 3
(2) The appointment or power of an authorised person must be 4
presumed unless a party, by reasonable notice, requires proof of-- 5
(a) the appointment; or 6
(b) the power to do anything under this Act. 7
(3) A signature purporting to be the signature of the chief executive 8
officer, the chairperson of the Authority or an authorised person is evidence 9
of the signature it purports to be. 10
(4) A certificate purporting to be signed by a person mentioned in 11
subsection (3) and stating any of the following matters is evidence of the 12
matter-- 13
(a) a stated document is-- 14
(i) an order, direction, requirement or decision, or a copy of an 15
order, direction, requirement or decision, given or made 16
under this Act; or 17
(ii) a notice, or a copy of a notice, given under this Act; or 18
(iii) a record, or a copy of a record, kept under this Act; or 19
(iv) a document, or a copy of a document, kept under this Act; 20
(b) on a stated day, a stated person was given a stated notice, order, 21
requirement or direction under this Act; 22
(c) anything else prescribed under the regulations. 23
s 278 141 s 280
Residential Tenancies
HAPTER 7--CAUSING NUISANCE IN MOVEABLE 1
C
DWELLING PARKS 2
in moveable dwelling park causing serious nuisance 3
Behaviour
278. A person causes a serious nuisance in a moveable dwelling park if, 4
while in the park, the person causes a serious nuisance to residents of the 5
park. 6
7
Example of serious nuisance--
8
1. A person assaults a resident.
9
2. A person uses threatening or abusive language towards a resident.
10
3. A person behaves in a riotous, violent, disorderly, indecent, offensive or
11
threatening way towards a resident.
12
4. A person causes substantial, unreasonable annoyance to a resident.
13
5. A person causes substantial, unreasonable disruption to the privacy of a
14
resident.
15
6. A person wilfully damages property of a resident.
to enter moveable dwellings 16
Power
279.(1) A police officer may, without a warrant, enter a moveable 17
dwelling in a moveable dwelling park if the officer-- 18
(a) has reasonable grounds for suspecting there is a person in the 19
dwelling causing a serious nuisance in the park; or 20
(b) has received information that leads the officer to suspect, on 21
reasonable grounds, that there is a person in the dwelling who has 22
just caused a serious nuisance in the park. 23
(2) The police officer may exercise the power of entry at the time, with 24
the help, and using the force, that is necessary and reasonable in the 25
circumstances. 26
direction about serious nuisance 27
Initial
280.(1) This section applies if a police officer-- 28
(a) finds a person causing a serious nuisance in a moveable dwelling 29
s 281 142 s 281
Residential Tenancies
park; or 1
(b) finds a person in circumstances that lead, or has received 2
information that leads, the officer to suspect, on reasonable 3
grounds, that the person has just caused a serious nuisance in a 4
moveable dwelling park. 5
(2) The police officer may-- 6
(a) if subsection (1)(a) applies--direct the person to immediately 7
stop causing the nuisance and also direct the person not to cause 8
another serious nuisance in the park; or 9
(b) if subsection (1)(b) applies--direct the person not to cause 10
another serious nuisance. 11
(3) The direction under subsection (2) (an "initial nuisance direction") 12
may be given orally or by written notice. 13
(4) When giving the initial nuisance direction to a person, the police 14
officer must warn the person that, if the person contravenes the direction, 15
the person may be directed to leave the moveable dwelling park. 16
to leave park 17
Direction
281.(1) This section applies if-- 18
(a) an initial nuisance direction is given to a person; and 19
(b) a police officer suspects on reasonable grounds-- 20
(i) for an initial nuisance direction not to cause another serious 21
nuisance--the person contravened the direction within 24 22
hours after the direction was given; or 23
(ii) in other cases--the person has contravened the direction. 24
(2) The police officer may direct the person to leave the moveable 25
dwelling park and not re-enter it for a stated period (not longer than 24 26
hours). 27
(3) The direction made subsection (2) (a "final nuisance direction") 28
may be given orally or by written notice. 29
(4) When giving the final nuisance direction to a person, the police 30
officer must warn the person it is an offence to contravene the direction. 31
s 282 143 s 282
Residential Tenancies
(5) A person must not contravene a final nuisance direction. 1
Maximum penalty for subsection (5)--20 penalty units. 2
to require name and address 3
Power
282.(1) This section applies if a police officer-- 4
(a) finds a person causing a serious nuisance in a moveable dwelling 5
park; or 6
(b) finds a person in circumstances that lead, or has received 7
information that leads, the officer to suspect, on reasonable 8
grounds, that the person has just caused a serious nuisance in a 9
moveable dwelling park; or 10
(c) suspects on reasonable grounds that a person has contravened an 11
initial or final nuisance direction. 12
(2) The police officer may require the person to state the person's name 13
and address. 14
(3) When making the requirement, the police officer must warn the 15
person it is an offence to fail to state the person's name and address, unless 16
the person has a reasonable excuse. 17
(4) The police officer may require the person to give evidence of the 18
correctness of the person's name or address if the officer suspects, on 19
reasonable grounds, the stated name or address is false. 20
(5) When making the requirement, the police officer must warn the 21
person it is an offence to fail to give the evidence unless the person has a 22
reasonable excuse. 23
(6) A person must comply with a requirement under subsection (3) or 24
(5), unless the person has a reasonable excuse. 25
Maximum penalty--20 penalty units. 26
(7) A person does not commit an offence against this section if-- 27
(a) the police officer required the person to state the person's name 28
and address on suspicion of the person-- 29
(i) having caused a serious nuisance in a moveable dwelling 30
park; or 31
s 283 144 s 284
Residential Tenancies
(ii) having contravened a nuisance direction; and 1
(b) the person is not proved to have caused a serious nuisance or 2
contravened a nuisance direction. 3
to tribunal for order to exclude person from park 4
Application
283.(1) The owner of a moveable dwelling park may apply to a tribunal 5
for an order excluding a person from the park because of the person's 6
behaviour in the park. 7
(2) The application may be made in a proceeding for an offence for 8
contravention of a final nuisance direction or at any other time. 9
(3) If the application is not made in a proceeding for an offence 10
mentioned in subsection (2), the applicant must give written notice of the 11
application to the person at least 21 days before the application is heard. 12
(4) The notice must state particulars of the claimed behaviour. 13
of tribunal excluding person from park 14
Order
284.(1) If an application is made to a tribunal for an order excluding a 15
person from a moveable dwelling park because of the person's behaviour in 16
the park, the tribunal may make an order prohibiting a person from 17
entering, or being in, the park in a stated period (not longer than 1 year). 18
(2) The tribunal may make the order only if it is satisfied-- 19
(a) the person's behaviour justifies being excluded from the park; 20
and 21
(b) it is appropriate to exclude the person from the park. 22
(3) In deciding whether the person's behaviour justifies being excluded 23
from the park, the tribunal may have regard to-- 24
(a) the nature of the behaviour, including, in particular, whether the 25
behaviour involved violence and, if violence is involved, the 26
degree of the violence; and 27
(b) whether the behaviour was recurrent and, if it was recurrent, the 28
frequency of the recurrences; and 29
(c) the number of persons adversely affected by the behaviour; and 30
s 285 145 s 285
Residential Tenancies
(d) whether persons adversely affected by the behaviour have acted in 1
a reasonable way; and 2
(e) the time of day the behaviour was engaged in; and 3
(f) whether any nuisance directions have been given to the person 4
about the person's behaviour in the park and, if directions have 5
been given-- 6
(i) the nature of the behaviour for which the directions were 7
given; and 8
(ii) the number and type of directions given; and 9
(iii) the frequency of the directions 10
(4) In deciding whether it is appropriate to exclude the person from the 11
park, the tribunal may have regard to-- 12
(a) whether the person is residing in a moveable dwelling in the park; 13
and 14
(b) if the person is residing in the park-- 15
(i) whether the person's spouse resides with the person; and 16
(ii) whether any dependant of the person (including, in 17
particular, any child of the person) resides with the person; 18
and 19
(iii) whether the person has access to other accommodation; and 20
(c) the person's general health and welfare. 21
(5) Subsections (3) and (4) do not limit the issues to which the tribunal 22
may have regard. 23
(6) A person must not contravene an order of a tribunal prohibiting the 24
person from entering, or being in, a moveable dwelling park, unless the 25
person has a reasonable excuse for not complying with it. 26
Maximum penalty for subsection (6)--20 penalty units. 27
of arrest 28
Power
285.(1) This section applies to an offence against any of the following 29
sections-- 30
s 286 146 s 288
Residential Tenancies
· section 281(5) (Direction to leave park) 1
· section 282(6) (Power to require name and address) 2
· section 284(6) (Order of tribunal excluding person from park). 3
(2) A police officer may arrest a person if the officer believes on 4
reasonable grounds that-- 5
(a) the person has committed an offence to which this section 6
applies; and 7
(b) a proceeding by way of complaint and summons against the 8
person would be ineffective. 9
HAPTER 8--RESIDENTIAL TENANCIES 10
C
AUTHORITY 11
PART 1--ESTABLISHMENT OF AUTHORITY 12
of Authority 13
Establishment
286. The Residential Tenancies Authority is established. 14
status of Authority 15
Legal
287. The Authority-- 16
(a) is a body corporate; and 17
(b) has a seal; and 18
(c) may sue and be sued in its corporate name. 19
represents the State 20
Authority
288.(1) The Authority represents the State. 21
s 289 147 s 289
Residential Tenancies
(2) Without limiting subsection (1), the Authority-- 1
(a) has all the privileges and immunities of the State; and 2
(b) is an exempt public authority under the Corporations Law. 3
PART 2--FUNCTIONS AND POWERS OF 4
AUTHORITY 5
functions 6
Authority's
289. The Authority's functions are-- 7
(a) to ensure the proper administration and enforcement of this Act; 8
and 9
(b) to receive, hold and pay rental bonds under this Act; and 10
(c) to give advice to the Minister about-- 11
(i) residential tenancy issues generally; and 12
(ii) the operation of this Act in particular; and 13
(d) without limiting paragraph (c), to give advice to the Minister 14
about the application, or the application in a changed way, of this 15
Act, or a provision of this Act, to agreements, premises or 16
entities; and 17
(e) to provide information, educational and advisory services about 18
this Act's operation; and 19
(f) to collect and analyse information about residential tenancy 20
issues; and 21
(g) to act as a referral agency for referring to mediation parties to 22
disputes about agreements; and 23
(h) to intervene in, or support, proceedings about the application of 24
this Act to agreements; and 25
(i) to perform other functions given to the Authority under this Act 26
s 290 148 s 291
Residential Tenancies
or another Act; and 1
(j) to perform functions incidental to its other functions. 2
powers 3
Authority's
290.(1) The Authority has all the powers of an individual and may, for 4
example-- 5
(a) enter into contracts; and 6
(b) acquire, hold, deal with and dispose of property; and 7
(c) appoint agents and attorneys; and 8
(d) charge for, and fix conditions for the supply of, goods, services 9
and information it supplies; and 10
(e) engage consultants; and 11
(f) do anything else necessary or convenient to be done in 12
performing its functions. 13
(2) Without limiting subsection (1), the Authority has the powers given 14
to it under this or another Act. 15
(3) The Authority may exercise its powers inside and outside 16
Queensland, including outside Australia. 17
power of Minister to give directions in public interest 18
Reserve
291.(1) The Minister may give the Authority a written direction if the 19
Minister is satisfied it is necessary to give the direction in the public interest 20
because of exceptional circumstances. 21
(2) The Authority must ensure the direction is complied with. 22
(3) Before giving a direction, the Minister must consult with the 23
Authority. 24
(4) The Minister must cause a copy of the direction to be gazetted within 25
21 days after it is given. 26
s 292 149 s 295
Residential Tenancies
PART 3--THE BOARD 1
board 2
The
292. The Authority has a board of directors. 3
of the board 4
Role
293.(1) The board is responsible for the way the Authority performs its 5
functions and exercises its powers. 6
(2) Without limiting subsection (1), it is the board's role to ensure the 7
Authority performs its functions in an appropriate, effective and efficient 8
way. 9
of board 10
Composition
294.(1) The board consists of the chairperson and 6 other directors. 11
(2) The Governor in Council appoints the chairperson and other 12
directors. 13
of appointment 14
Duration
295.(1) The appointment of a director is for the term (not longer than 15
3 years) decided by the Governor in Council. 16
(2) The office of a director becomes vacant if-- 17
(a) the director resigns by signed notice of resignation given to the 18
Minister; or 19
(b) the director is found guilty of an indictable offence or an offence 20
against this Act; or 21
(c) the director becomes employed by, or becomes a contractor of, 22
the Authority; or 23
(d) the director's appointment is ended by the Governor in Council 24
under subsection (3). 25
(3) The Governor in Council may, at any time, end the appointment of a 26
director for any reason or none. 27
s 296 150 s 298
Residential Tenancies
of appointment 1
Conditions
296.(1) A director is appointed on a part-time basis. 2
(2) A director is entitled to be paid the remuneration and allowances fixed 3
by the Governor in Council. 4
ART 4--PROCEEDINGS OF THE BOARD 5
P
and place of meetings 6
Time
297.(1) The board may hold its meetings when and where it decides. 7
(2) However, the board must meet at least once every 3 months. 8
(3) The chairperson-- 9
(a) may at any time call a meeting of the board; and 10
(b) must call a meeting if asked by at least 25% of the other directors. 11
of proceedings 12
Conduct
298.(1) The chairperson presides at all meetings of the board at which the 13
chairperson is present. 14
(2) If the chairperson is absent, the director chosen by the directors 15
present presides. 16
(3) At a meeting of the board-- 17
(a) a quorum is at least half the directors appointed; and 18
(b) a question is decided by a majority of the votes of the directors 19
present and voting; and 20
(c) each director present has a vote on each question to be decided 21
and, if the votes are equal, the director presiding has a casting 22
vote. 23
(4) The board may otherwise conduct its proceedings (including its 24
meetings) as it considers appropriate. 25
s 299 151 s 299
Residential Tenancies
(5) The board may hold meetings, or permit directors to take part in 1
meetings, by telephone, closed-circuit television or another form of 2
communication. 3
(6) A director who takes part in a meeting of the board under 4
subsection (5) is taken to be present at the meeting. 5
(7) A resolution is a valid resolution of the board, even though it is not 6
passed at a meeting of the board, if-- 7
(a) at least half the directors give written agreement to the resolution; 8
and 9
(b) notice of the resolution is given under procedures approved by the 10
board. 11
of interests 12
Disclosure
299.(1) A director must disclose to a meeting of the board a direct or 13
indirect financial interest in an issue being considered or about to be 14
considered by the board if-- 15
(a) the director, or a person who, under the regulations, is related to 16
the director, has the interest; and 17
(b) the interest could conflict with the proper performance of the 18
director's duties about the consideration of the issue. 19
(2) The disclosure must be recorded in the board's minutes and, unless 20
the board otherwise directs, the director must not be present when the board 21
considers the issue, or take part in a decision of the board on the issue. 22
(3) Another director who also has, or who is, under the regulations, 23
related to a person who also has, a direct or indirect financial interest in the 24
issue must not-- 25
(a) be present when the board is considering its decision under 26
subsection (2); or 27
(b) take part in making the decision. 28
(4) If, because of this section, a director is not present at a meeting of the 29
board for the deliberation of the board about an issue, but there would be a 30
quorum if the director were present, the remaining directors present are a 31
s 300 152 s 303
Residential Tenancies
quorum for the board's deliberation or decision about the issue at the 1
meeting. 2
inutes 3
M
300. The board must keep minutes of its proceedings. 4
ART 5--FINANCIAL MATTERS 5
P
of Financial Administration and Audit Act 6
Application
301.The Authority is a statutory body within the meaning of the 7
Financial Administration and Audit Act 1977. 8
budget 9
Administration
302.(1) For each financial year, the Authority must develop, adopt and 10
submit to the Minister an administration budget within the time the Minister 11
directs. 12
(2) An administration budget has no effect until approved by the 13
Minister. 14
(3) During a financial year the Authority may develop, adopt and submit 15
to the Minister amendments to its administration budget. 16
(4) An amendment has no effect until approved by the Minister. 17
ART 6--OTHER THINGS ABOUT THE 18
P
AUTHORITY 19
20
Seal
303. Judicial notice must be taken of the imprint of the Authority's seal 21
s 304 153 s 306
Residential Tenancies
appearing on a document, and the document must be presumed to have 1
been properly sealed unless the contrary is proved. 2
of certain Acts 3
Application
304. The Authority is-- 4
(a) a unit of public administration under the Criminal Justice Act 5
1989; and 6
(b) an agency under the Equal Opportunity in Public Employment 7
Act 1992. 8
9
Delegation
305. The Authority may delegate its powers to a director or an officer of 10
the Authority. 11
PART 7--STAFF OF THE AUTHORITY 12
Division 1--Chief executive officer 13
executive officer 14
Chief
306.(1) The Authority must have a chief executive officer (however 15
called). 16
(2) The chief executive officer is responsible for ensuring the Authority 17
is managed as required by the policies of the board. 18
(3) The chief executive officer is appointed by the Governor in Council. 19
(4) A director must not be appointed as chief executive officer. 20
(5) The Public Service Management and Employment Act 1988 does not 21
apply to the appointment of the chief executive officer. 22
(6) The chief executive officer holds office for the term (not longer than 23
5 years) decided by the Governor in Council. 24
s 307 154 s 309
Residential Tenancies
(7) The chief executive officer holds office on the conditions (including 1
conditions for remuneration, allowances and remuneration when the 2
appointment ends) fixed by the Authority. 3
executive officer not to engage in other paid employment 4
Chief
307. The chief executive officer must not, without the board's 5
approval-- 6
(a) engage in paid employment outside the duties of the office of 7
chief executive officer; or 8
(b) actively take part in the activities of a business, or in the 9
management of a corporation carrying on business. 10
chief executive officer 11
Acting
308. The Governor in Council may appoint a person, who is eligible for 12
appointment as chief executive officer, to act in the office of chief executive 13
officer during-- 14
(a) any vacancy, or all vacancies, in the office; or 15
(b) any period, or all periods, when the chief executive officer is 16
absent from duty, or cannot, for another reason, perform the 17
duties of the office. 18
2--Staffing the Authority 19
Division
staff 20
Authority
309.(1) The Authority may engage the employees it considers necessary 21
to perform its functions. 22
(2) The Authority may decide its employees' conditions of employment. 23
(3) However, subsection (2) has effect subject to any relevant award, 24
industrial agreement, certified agreement or enterprise flexibility agreement. 25
(4) The Public Service Management and Employment Act 1988 does not 26
apply to the Authority or its employers. 27
s 310 155 s 311
Residential Tenancies
(5) In this section-- 1
"conditions of employment" includes conditions about duration of the 2
employment and ending the employment. 3
staffing arrangements 4
Alternative
310. The Authority may arrange with the chief executive of a department 5
or an authority of the State for the services of officers or employees of the 6
department or authority to be made available to the Authority. 7
Division 3--Conflict of interest 8
of interests 9
Disclosure
311.(1) This section applies to an employee of the Authority if-- 10
(a) the employee, or a person who, under the regulations, is related to 11
the employee, has a direct or indirect financial interest in an issue 12
being decided, or about to be decided by the Authority (whether 13
or not under a delegation from the Authority); and 14
(b) the interest could conflict with the proper performance of the 15
employee's duties about the decision. 16
(2) As soon as practicable after the employee becomes aware of the facts 17
causing this section to apply to the employee, the employee must disclose 18
the nature of the interest to the Authority. 19
s 312 156 s 313
Residential Tenancies
CHAPTER 9--LEGAL PROCEEDINGS 1
ART 1--OFFENCES 2
P
misleading or incomplete documents 3
False,
312.(1) A person must not give the Authority a document containing 4
information the person knows is false, misleading or incomplete in a 5
material particular. 6
Maximum penalty--20 penalty units. 7
(2) However, the person does not commit an offence against 8
subsection (1) if, when giving the document, the person-- 9
(a) informs the Authority, to the best of the person's ability, how it is 10
false, misleading or incomplete; and 11
(b) gives the correct information to the Authority if the person has, or 12
can reasonably obtain, the correct information. 13
(3) It is enough for a complaint for an offence against subsection (1) to 14
state that the document was false, misleading or incomplete to the person's 15
knowledge. 16
to commit offences 17
Attempts
313.(1) A person who attempts to commit an offence against this act 18
commits an offence. 19
Maximum penalty--half the maximum penalty for committing the 20
attempted offence. 21
(2) Section 4 of the Criminal Code39 applies to the attempt. 22
39 Section 4 of the Criminal Code (Attempts to commit offences).
s 314 157 s 316
Residential Tenancies
are summary offences 1
Offences
314. An offence against this Act is a summary offence. 2
PART 2--EVIDENTIARY PROVISIONS 3
for acts or omissions of representatives 4
Responsibility
315.(1) If, in a proceeding for an offence against this Act, it is relevant to 5
prove a person's state of mind about a particular act or omission, it is 6
enough to show-- 7
(a) the act or omission was done or omitted to be done by a 8
representative of the person within the scope of the 9
representative's actual or apparent authority; and 10
(b) the representative had the state of mind. 11
(2) An act or omission done or omitted to be done for a person by a 12
representative of the person within the scope of the representative's actual or 13
apparent authority is taken, in a proceeding for an offence against this Act, 14
to have been done or omitted to be done also by the person, unless the 15
person proves the person took all reasonable steps to prevent the acts or 16
omissions. 17
reports 18
Condition
316.(1) In a proceeding before a tribunal, a copy of a condition report 19
stating the condition of stated premises and its inclusions, is evidence of the 20
condition of the premises and inclusions-- 21
(a) if the report is signed by the tenant--when the report was signed; 22
or 23
(b) if the report is not signed by the tenant--when the report was 24
made. 25
(2) However, if the report is signed by the tenant and marked to show the 26
tenant's disagreement with the statement, the report is evidence of the 27
s 317 158 s 318
Residential Tenancies
condition of the premises and inclusions when the report was signed by the 1
tenant only as far as its contents are unmarked. 2
ental bonds 3
R
317. In a proceeding, a certificate purporting to be signed for the 4
Authority stating that at a stated time, or during a stated period, the 5
Authority held, or did not hold, a rental bond for a stated agreement is 6
evidence of the matter stated. 7
HAPTER 10--MISCELLANEOUS 8
C
for more than prescribed amount 9
Applications
318.(1) In this section-- 10
"prescribed amount" has the meaning given by the Small Claims 11
Tribunal Act 1973. 12
(2) This section applies to an application if-- 13
(a) a provision of this Act provides that it may be made to a tribunal; 14
and 15
(b) the application seeks the payment of an amount (the "application 16
amount") greater than the prescribed amount. 17
(3) In a provision of this Act about the application-- 18
(a) a reference to a tribunal or registrar is taken to be a reference to a 19
court having jurisdiction for the application amount; and 20
(b) the provision applies with all necessary changes, and with any 21
changes prescribed under the regulations, as if the tribunal or 22
registrar were the court. 23
s 319 159 s 321
Residential Tenancies
from liability 1
Protection
319.(1) In this section-- 2
"official" means-- 3
(a) the chief executive officer; and 4
(b) an authorised person; and 5
(c) an employee of the Authority; and 6
(d) a person acting under the direction of the chief executive officer or 7
an authorised person. 8
(2) An official does not incur civil liability for an act or omission done 9
honestly and without negligence under this Act. 10
(3) A liability that would, apart from this section, attach to an official 11
attaches instead to the State. 12
13
Forms
320. The chief executive may approve forms for use under this Act. 14
making power 15
Regulation
321.(1) The Governor in Council may make regulations under this Act. 16
(2) A regulation may-- 17
(a) impose fees; or 18
(b) create offences and prescribe penalties of not more than 19
20 penalty units for each offence. 20
s 322 160 s 323
Residential Tenancies
HAPTER 11--TRANSITIONAL, REPEALS AND 1
C
AMENDMENTS 2
ART 1--TRANSITIONAL PROVISIONS 3
P
Division 1--Interpretation 4
5
Definitions
322.(1) In this Part-- 6
"former Authority" means the Rental Bond Authority under the former 7
rental bond Act. 8
"former Authority's assets and liabilities" means the assets and 9
liabilities of the former Authority immediately before the 10
commencement. 11
"former rental bond account" means the rental bond account established 12
under the former rental bond Act. 13
"former rental bond Act" means the Rental Bond Act 1989. 14
"former rental bond interest account" means the rental bond interest 15
account established under the former rental bond Act. 16
(2) This Division expires 1 year after commencement. 17
2--Transitional references 18
Division
of Division 19
Application
323. This Division applies to references in Acts or documents in 20
existence at its commencement. 21
s 324 161 s 328
Residential Tenancies
to former Acts 1
References
324. A reference to the Rental Bond Act 1989 or Residential Tenancies 2
Act 1975 is taken to be a reference to this Act. 3
to former Authority 4
References
325. A reference to the Rental Bond Authority is taken to be a reference 5
to the Authority. 6
Division 3--Transitional provisions about rental bond matters 7
of assets and liabilities 8
Vesting
326.(1) On the commencement, the former Authority's assets and 9
liabilities vest in the Authority. 10
(2) The other provisions of this Division do not limit subsection (1). 11
(3) Subsection (1) is a law to which section 20A of the Acts 12
Interpretation Act 1954 applies. 13
(4) This section expires 6 months after it commences. 14
proceedings 15
Pending
327.(1) A proceeding by or against the former Authority that has not 16
been finished before the commencement may be continued and finished by 17
or against the Authority. 18
(2) Subsection (1) is a law to which section 20A of the Acts 19
Interpretation Act 1954 applies. 20
(3) This section expires 6 months after it commences. 21
to assist transfer of property 22
Duty
328.(1) The Registrar of Titles and all other persons who keep registers 23
about dealings in property must, if asked by the Authority, make in the 24
register all entries necessary to record the vesting of property in the 25
s 329 162 s 329
Residential Tenancies
Authority by this Division. 1
(2) A request under this section is not liable to fees or stamp duty. 2
3
Documents
329.(1) A document (other than an Act) in existence immediately before 4
the commencement and applying to the former Authority applies to the 5
Authority in place of the former Authority. 6
(2) Without limiting subsection (1), a document-- 7
(a) to which, immediately before the commencement, the former 8
Authority was a party, is taken to be a document to which the 9
Authority is a party in the way the former Authority was a party; 10
and 11
(b) given to, by or in favour of the former Authority is taken to be a 12
document given to, by or in favour of the Authority in the way it 13
was given to, by or in favour of the former Authority; and 14
(c) in which a reference is made to the former Authority (including, 15
for example, a document to which the former Authority was a 16
party) is taken to be a document in which the reference is made to 17
the Authority in the way the reference is made to the former 18
Authority; and 19
(d) under which an amount was or might become payable to or by 20
the former Authority is taken to be a document under which the 21
amount is or may become payable to or by the Authority in the 22
way the amount was or might become payable to or by the 23
former Authority; and 24
(e) under which other property was to be, or might become liable to 25
be, transferred, conveyed or assigned to or by the former 26
Authority is taken to be a document under which the property is 27
to be, or may become liable to be, transferred, conveyed or 28
assigned to or by the Authority in the way the property was to be, 29
or might become liable to be, transferred, conveyed or assigned to 30
or by the former Authority. 31
(3) Subsections (1) and (2) are laws to which section 20A of the Acts 32
s 330 163 s 332
Residential Tenancies
Interpretation Act 1954 applies. 1
(4) This section expires 6 months after it commences. 2
employees 3
Existing
330.(1) A person who immediately before the commencement was an 4
employee of the former Authority becomes, on the commencement, an 5
employee of the Authority. 6
(2) The employee remains entitled to all existing and accruing rights of 7
employment. 8
(3) Subsections (1) and (2) are laws to which section 20A of the Acts 9
Interpretation Act 1954 applies. 10
(4) This section expires 6 months after it commences. 11
under former Act 12
Appointments
331.(1) In this section-- 13
"appointment" means an appointment, under the former Act, of a person 14
as-- 15
(a) a member of the former Authority; or 16
(b) an authorised person for the purposes of the former Act. 17
(2) The appointment ends on the commencement. 18
(3) This section expires 6 months after it commences. 19
rental bond amounts 20
Existing
332.(1) An amount that, immediately before the commencement, is a 21
rental bond under the former Act, is taken to be a rental bond under this 22
Act. 23
(2) Subsection (1) is a law to which section 20A of the Acts 24
Interpretation Act 1954 applies. 25
(3) This section expires 6 months after it commences. 26
s 333 164 s 335
Residential Tenancies
applications 1
Existing
333.(1) In this section-- 2
"existing application" means an application-- 3
(a) made to the former Authority for the payment out of an amount 4
of rental bond; and 5
(b) not fully dealt with by the former Authority before the 6
commencement. 7
(2) The Authority must continue to deal with an existing application as if 8
it were an application made to the Authority under this Act. 9
(3) Subsections (1) and (2) are laws to which section 20A of the Acts 10
Interpretation Act 1954 applies. 11
(4) This section expires 6 months after it commences. 12
of receipt given under former Act 13
Retention
334. A person who, immediately before the commencement, was 14
required under section 35 (Receipt to be retained) of the former Act to keep, 15
or cause to be kept, a copy of a receipt must continue to keep the copy, or 16
cause it to be kept, until 1 year after the receipt was given or caused to be 17
given under section 34 (Receipt to be given) of the former Act. 18
Maximum penalty--10 penalty units. 19
of premises reports 20
Condition
335.(1) In this section-- 21
"report" means a report-- 22
(a) made under section 36 (Condition of premises) of the former 23
Act; and 24
(b) about premises the subject of a residential tenancy agreement still 25
in force immediately before the commencement. 26
(2) A copy of a report is admissible in a proceeding before a tribunal to 27
help establish the condition of premises. 28
s 336 165 s 338
Residential Tenancies
(3) Subsections (1) and (2) are laws to which section 20A of the Acts 1
Interpretation Act 1954 applies. 2
bond account under the former Act 3
Rental
336.(1) As soon as practicable after the commencement, the Authority 4
must-- 5
(a) pay all amounts in the former rental bond account into the rental 6
bond account established under this Act; and 7
(b) close the former rental bond account. 8
(2) All amounts received by the Authority that would, before the 9
commencement, have been paid into the former rental bond account must 10
be paid into the rental bond account established under this Act. 11
(3) This section expires 6 months after it commences. 12
bond interest account under the former Act 13
Rental
337.(1) As soon as practicable after the commencement, the Authority 14
must-- 15
(a) pay all amounts in the former rental bond interest account into the 16
rental bond account established under this Act; and 17
(b) close the former rental bond interest account. 18
(2) All amounts received by the Authority that would, before the 19
commencement, have been paid into the former rental bond interest account 20
must be paid into the rental bond interest account established under this Act. 21
(3) This section expires 6 months after it commences. 22
of this Division 23
Expiry
338. This Division expires 1 year after it commences. 24
s 339 166 s 341
Residential Tenancies
Division 4--Other transitional provisions 1
in force at commencement 2
Agreements
339.(1) This Act does not apply to an agreement in force at the 3
commencement, except to the extent prescribed under the regulations. 4
(2) However, if the agreement is an unwritten periodic agreement, this 5
Act does apply to the agreement, but not until-- 6
(a) 6 months after the commencement; or 7
(b) if, within the 6 month period, the agreement is amended or the 8
rent is adjusted--14 days after the amendment or adjustment. 9
(3) Despite subsection (2), the following provisions of the Act do not 10
apply to an unwritten periodic agreement that was in force at the 11
commencement if the lessor is the State-- 12
· section 39 (Written agreements required) 13
· section 41 (Lessor to give agreement to tenant). 14
(4) The Residential Tenancies Act 1975 has continuing application to 15
agreements in force at the commencement to the extent prescribed under the 16
regulations. 17
(5) This section expires 5 years after the commencement. 18
to Building Units and Group Titles Act 1994 19
References
340.(1) If this section commences before the commencement of the 20
Building Units and Group Titles Act 1994, then, until that Act commences, 21
a reference to that Act is taken to be a reference to the Building Units and 22
Group titles Act 1980. 23
(2) This section expires 1 year after the commencement. 24
regulations 25
Transitional
341.(1) A regulation may make provision about a matter for which-- 26
(a) it is necessary or convenient to assist the transition-- 27
(i) to the performance by the Authority of functions previously 28
s 342 167 s 343
Residential Tenancies
performed by the former Authority; or 1
(ii) from the operation of the former rental bond Act to the 2
operation of this Act; or 3
(iii) from the operation of the Residential Tenancies Act 1975 to 4
the operation of this Act; and 5
(b) this Act does not make provision or enough provision. 6
(2) A regulation under subsection (1) may be given retrospective 7
operation to a day not earlier than the commencement. 8
(3) This section expires 1 year after the commencement. 9
ART 2--REPEALS AND AMENDMENTS 10
P
1 11
Repeals--Sch
342. Schedule 1 repeals the Acts mentioned in it. 12
2 13
Amendments--Sch
343. Schedule 2 amends the Acts mentioned in it. 14
15
168
Residential Tenancies
CHEDULE 1 1
¡S
CTS REPEALED 2
A
section 342 3
Rental Bond Act 1989 No. 19 4
Residential Tenancies Act 1975 No. 61 5
Residential Tenancies Act Amendment Act 1991 No. 6 6
7
169
Residential Tenancies
CHEDULE 2 1
¡S
ACTS AMENDED 2
section 343 3
MALL CLAIMS TRIBUNAL ACT 1973 4
´S
1. Section 4-- 5
insert-- 6
` "claim" includes a tenancy application. 7
` "tenancy application" means an application made under the Residential 8
Tenancies Act 1994 to a small claims tribunal.'. 9
2. Section 4, definition "claimant", paragraph (d)-- 10
omit, insert-- 11
`(d) a person entitled to make a tenancy application;'. 12
3. Section 4, definition "small claim", paragraph (b)-- 13
omit. 14
4. Section 4, definition "Small Claims Tribunal", `small'-- 15
omit. 16
5. Section 10(2), `to be impossible' to `to attain to'-- 17
omit, insert-- 18
`in a particular case to be impossible to reach, or inappropriate to try to 19
reach,'. 20
170
Residential Tenancies
SCHEDULE 2 (continued)
6. Section 14(2)-- 1
insert-- 2
`(d) if, for an order made about a tenancy application, written reasons 3
are given--the reasons.'. 4
7. Part 2, Division 3 heading, `and powers'-- 5
omit, insert-- 6
`, powers and duties'. 7
8. Section 16(1)-- 8
insert-- 9
`(d) a tenancy application.'. 10
9. Section 17-- 11
insert-- 12
`(1A) Subsection (1)(c) does not apply to a tenancy application.'. 13
10. Section 17(3)-- 14
omit. 15
11. Section 18(2), `(b) or'-- 16
omit. 17
12. Section 20(2)-- 18
insert-- 19
`(c) for a tenancy application--an order a tribunal may make under 20
the Residential Tenancies Act 1994.'. 21
171
Residential Tenancies
SCHEDULE 2 (continued)
13. Section 20(2)(c) and (d)-- 1
renumber as section 20(2)(d) and (e). 2
14. Section 21(2)-- 3
omit, insert-- 4
`(2) Subsection (1) does not apply to a tenancy application.'. 5
15. After section 22-- 6
insert-- 7
`Written reasons for orders in tenancy applications 8
`22A.(1) This section applies if-- 9
(a) a small claims tribunal makes an order about a tenancy 10
application; and 11
(b) the tribunal considers it appropriate to give reasons for making 12
the order because of-- 13
(i) the importance of the issue about which the order is made; 14
or 15
(ii) the significant benefits that can be derived from the reasons 16
for precedent purposes. 17
`(2) If this section applies, the tribunal must set out the reasons for the 18
order in writing.'. 19
16. Section 24(1), from `situated in' to `arose'-- 20
omit. 21
17. Section 24-- 22
insert-- 23
172
Residential Tenancies
SCHEDULE 2 (continued)
`(1A) The registry in which the form is to be filed must be-- 1
(a) in the Magistrates Court district in which the claim either wholly 2
or in some material point arose; or 3
(b) for a tenancy application--the registry, in the Magistrates Court 4
district in which the relevant residential premises are situated, 5
nearest the premises.'. 6
18. Section 33(1)-- 7
omit, insert-- 8
`33.(1) Every proceeding before a tribunal (other than a proceeding about 9
a tenancy application) must be taken in private. 10
`(1A) However, a proceeding about a tenancy application must be held in 11
private if-- 12
(a) the application is made because of injury and, in deciding the 13
application, the tribunal is required under the Residential 14
Tenancies Act 1994 to have regard to the domestic violence issues 15
(within the meaning of that Act); or 16
(b) the tribunal orders that it be held in private.'. 17
19. Section 40, after `small claim'-- 18
insert-- 19
`or tenancy application'. 20
TATE HOUSING ACT 1945 21
´S
1. Section 48-- 22
insert-- 23
173
Residential Tenancies
SCHEDULE 2 (continued)
`(2B) The regulations may provide for the way the operation of this Act 1
is changed for the application of the Residential Tenancies Act 1994 to an 2
agreement entered into under this Act between the Commission and another 3
person. 4
`(2C) Subsection (2B) and this subsection expire 1 year after the 5
commencement.'. 6
7
174
Residential Tenancies
CHEDULE 3 1
¡S
ICTIONARY 2
¡D
section 3 3
"abandonment termination notice" see section 221. 4
"agent" of a lessor means a person employed, or otherwise authorised, by 5
the lessor to act as the lessor's agent. 6
"agreement" see section 11. 7
"allowed period" see section 69. 8
"allowed remedy period"means the period stated in a notice to remedy 9
breach as the period within which a party to an agreement is required 10
to remedy the breach of the agreement stated in the notice. 11
"approved form" means a form approved by the chief executive. 12
"approved representative" of a party to a tenancy dispute means a person 13
approved by the mediator mediating the dispute to represent the party 14
in the dispute. 15
"approved supported accommodation" means accommodation provided 16
under an agreement between the Commonwealth and the State under 17
the Supported Accommodation Assistance Act 1989 (Cwlth). 18
"arrangement" includes a promise, scheme, transaction (with or without 19
consideration), understanding and undertaking (whether expressed or 20
implied. 21
"authorised person" means a person who is appointed under this Act as 22
an authorised person. 23
"Authority" means the Residential Tenancies Authority. 24
"award" means an award within the meaning of-- 25
(a) the Industrial Relations Act 1990; or 26
(b) the Industrial Relations Act 1988 (Cwlth). 27
175
Residential Tenancies
SCHEDULE 3 (continued)
"base period" see section 30. 1
"board" means the Authority's board of directors. 2
"caravan" includes something not fitted with wheels, but designed to be 3
attached to a motor vehicle and for use for residential purposes. 4
"chairperson" means the chairperson of the board. 5
"chief executive officer" means the Authority's chief executive officer. 6
"compulsory acquisition", for a notice to leave, see section 159. 7
"compulsory acquisition", for a notice of intention to leave, see section 8
178. 9
"compulsory park closure", for a notice to leave, see section 162. 10
"condition report", for residential premises and inclusions, means a report 11
describing the physical condition of the premises and inclusions. 12
"damage", for an application for a termination order, see sections 169, 183 13
and 184. 14
"director" means a director of the board, and includes the chairperson. 15
"dispute notice" means a notice given by a party under an agreement to a 16
tribunal disputing a notice to remedy breach, notice to leave or notice 17
of intention to leave given by the other party. 18
"domestic violence" has the meaning given by the Domestic Violence 19
(Family Protection ) Act 1989. 20
"domestic violence issues" see sections 150 and 211. 21
"domestic violence order" has the meaning given by the Domestic 22
Violence (Family Protection) Act 1989. 23
"emergency repairs" means work needed to repair any of the following-- 24
(a) a burst water service; 25
(b) a blocked or broken lavatory system; 26
(c) a serious roof leak; 27
(d) a gas leak; 28
176
Residential Tenancies
SCHEDULE 3 (continued)
(e) a dangerous electrical fault; 1
(f) flooding or serious flood damage; 2
(g) serious storm, fire or impact damage; 3
(h) a failure or breakdown of the gas, electricity or water supply to 4
premises; 5
(i) a failure or breakdown of an essential service or appliance on 6
premises for hot water, cooking or heating; 7
(j) a fault or damage that makes premises unsafe or insecure; 8
(k) a fault or damage likely to injure a person, damage property or 9
unduly inconvenience a resident of premises; 10
(l) a serious fault in a staircase, lift or other common area of 11
premises that unduly inconveniences a resident in gaining access 12
to, or using, the premises. 13
"employment termination", for a notice to leave, see section 163. 14
"ending of accommodation assistance", for a notice to leave, see section 15
164. 16
"entry notice" see section 110. 17
"essential terms" of a residential tenancy agreement see section 38. 18
"excessive hardship", for an application for a termination order, see 19
sections 168 and 182. 20
"executive officer" of a corporation means-- 21
(a) if the corporation is the Commonwealth or a State--a chief 22
executive of a department or a person who is concerned with, or 23
takes part in, the management of a department, whatever the 24
person's position is called; or 25
(b) if the corporation is a local government-- 26
(i) the local government's chief executive officer; or 27
(ii) a person who is concerned with, or takes part in, the local 28
government's management, whatever the person's position 29
177
Residential Tenancies
SCHEDULE 3 (continued)
is called; or 1
(c) if paragraphs (a) and (b) do not apply--a person who is-- 2
(i) a member of the governing body of the corporation; or 3
(ii) concerned with, or takes part in, the corporation's 4
management; 5
whatever the person's position is called and whether or not the person 6
is a director of the corporation. 7
"failure to leave", for an application for a termination order, see section 8
166. 9
"failure to leave as intended", for an application for a termination order, 10
see section 167. 11
"final nuisance direction" see section 281. 12
"fixed term agreement" means a residential tenancy agreement for a 13
residential tenancy for a fixed term. 14
"full term" see section 40. 15
"goods" include animals, plants, money, documents and anything else of 16
value. 17
"handover day", for premises, means the day stated in a notice to leave, or 18
notice of intention to leave, as the day vacant possession of the 19
premises is required to be, or will be, handed over to the lessor. 20
"holding deposit", for premises, means an amount paid as consideration 21
for an option to enter into an agreement for the premises. 22
"inclusions", for premises, means everything supplied with the premises 23
for the tenant's use (whether or not the things are supplied under an 24
agreement). 25
"incompatibility", for an application for a termination order, see sections 26
171 and 186. 27
"individually metered", for premises, means there is, for the premises, a 28
meter that-- 29
178
Residential Tenancies
SCHEDULE 3 (continued)
(a) has been installed or approved by a supply authority; and 1
(b) measures, for the premises only, the quantity of something 2
supplied to, or used at, the premises under a service or facility 3
made available by the authority. 4
"industrial agreement" means an industrial agreement, certified 5
agreement or enterprise flexibility agreement under the Industrial 6
Relations Act 1990. 7
"initial nuisance direction" see section 280. 8
"injury", for an application for a termination order, see sections 169, 183 9
and 184. 10
"key" of a lock means a device or information normally used to operate the 11
lock. 12
"key money" see section 58. 13
"lessor" see section 4. 14
"lock" means a device for securing a door, gate, window or another part of 15
premises. 16
"long tenancy (moveable dwelling)" see section 34. 17
"maximum rental bond", for an agreement, is an amount equal to the rent 18
payable under the agreement for the period of-- 19
(a) for moveable dwelling premises--2 weeks; or 20
(b) for other premises--4 weeks. 21
"mediation conference" means a conference held by a mediator between 22
the parties to a tenancy dispute. 23
"mediation notice" see section 233. 24
"mediator" means a person who is accredited under section 2.17 25
(Mediators) of the Dispute Resolution Centres Act 1990 as a mediator 26
for a Dispute Resolution Centre. 27
"mobile home" means a structure-- 28
(a) designed for use for residential purposes; and 29
179
Residential Tenancies
SCHEDULE 3 (continued)
(b) designed to be able to be moved from one position to another; 1
and 2
(c) not attached permanently to land. 3
"mobile home agreement" means a relevant agreement under the Mobile 4
Homes Act 1989. 5
"mobile home occupier" means an occupier under the Mobile Homes Act 6
1989. 7
"moveable dwelling" means a caravan or mobile home. 8
"moveable dwelling park" means a place where moveable dwellings are 9
situated for occupation on payment of consideration. 10
"moveable dwelling premises" means premises consisting of-- 11
(a) for a moveable dwelling that is a caravan--the dwelling or its site, 12
or both the dwelling and site; or 13
(b) for a moveable dwelling that is a mobile home in, or intended to 14
be situated in, a moveable dwelling park--the dwelling or its site, 15
or both the dwelling and site. 16
"nominated repairer" see section 124. 17
"non-compliance (moveable dwelling relocation)", for a notice to leave, 18
see section 158. 19
"non-compliance (tribunal order)", for a notice to leave, see section 157. 20
"non-compliance (tribunal order)", for a notice of intention to leave, see 21
section 177. 22
"non-essential terms" of a residential tenancy agreement means the 23
provisions of this Act that-- 24
(a) impose duties, or confer entitlements, on the lessor or tenant; and 25
(b) are not essential terms of the agreement. 26
"non-livability", for a notice to leave, see sections 159 and 160. 27
"non-livability", for a notice of intention to leave, see sections 178 and 28
179. 29
180
Residential Tenancies
SCHEDULE 3 (continued)
"non-resolution notice", for park rules for a moveable dwelling park, see 1
section 136. 2
"notice of intention to leave" means a notice given by the tenant to the 3
lessor indicating the tenant's intention to hand over vacant possession 4
of the premises to the lessor on the handover day. 5
"notice to leave" means a notice given by the lessor to the tenant requiring 6
the tenant to hand over vacant possession of the premises to the lessor 7
on the handover day. 8
"notice to relocate" see section 130. 9
"notice to remedy breach" means a notice given by a party to an 10
agreement to the other party requiring the other party to remedy a 11
breach of the agreement stated in the notice. 12
"nuisance direction" means an initial or final nuisance direction. 13
"objectionable behaviour", for an application for a termination order, see 14
sections 170 and 185. 15
"objection closing day", for park rules for a moveable dwelling park, see 16
section 134. 17
"objector", for park rules for a moveable dwelling park, see section 136. 18
"obstruct" includes hinder, resist and attempt to obstruct. 19
"officer" of the Authority means any of the following-- 20
(a) the chief executive officer; 21
(b) an Authority employee, whether or not there is a written contract 22
of employment between the Authority and the employee; 23
(c) an individual who performs services for the Authority-- 24
(i) under a contract (other than a contract of employment) 25
between the individual and the Authority; or 26
(ii) under an arrangement between the Authority and a person 27
(other than the individual). 28
"option period", for an option created by the payment of a holding deposit, 29
181
Residential Tenancies
SCHEDULE 3 (continued)
means-- 1
(a) the period stated in the receipt for the payment as the period in 2
which the option may be exercised; or 3
(b) if a period is not stated--the period ending 48 hours after the 4
receipt is given. 5
"park liaison committee", for a moveable dwelling park, see section 136. 6
"park rules" means rules made by the owner of a moveable dwelling park 7
about the use, enjoyment, control and management of the park. 8
"periodic agreement" means an agreement that is not a fixed term 9
agreement. 10
"personal document" of a person means a document it would be 11
reasonable to expect the person would want to keep. 12
13
Examples--
14
1. A passport.
15
2. A birth or marriage certificate.
16
3. A photograph.
"premises" see sections 5 and 13. 17
"proposal", for park rules for a moveable dwelling park, see section 134. 18
"protection order" means an order under section 20(1) of the Domestic 19
Violence (Family Protection) Act 1989. 20
"public place" means a place that the public is entitled to use, is open to the 21
public, or used by the public, whether or not on payment of money. 22
"registrar" has the meaning given by the Small Claims Tribunals Act 23
1973. 24
"registry" has the meaning given by the Small Claims Tribunals Act 1973. 25
"rent payment record" see section 50. 26
"rental bond" see section 57. 27
"rental bond account" see section 79. 28
182
Residential Tenancies
SCHEDULE 3 (continued)
"rental bond interest account" see section 79. 1
"rental bond supplier" see section 72. 2
"representative" of a person means-- 3
(a) if the person is a corporation--an executive officer, employee or 4
agent of the corporation; or 5
(b) if the person is an individual--an employee or agent of the 6
individual. 7
"resident" of a moveable dwelling park means a person occupying 8
moveable dwelling premises in the park as the tenant under an 9
agreement. 10
"residential premises" see section 6. 11
"residential tenancy" see section 7. 12
"residential tenancy agreement" see section 8. 13
"retirement village" has the meaning given by the Retirement Villages Act 14
1988. 15
"routine repairs" means repairs that are not emergency repairs. 16
"rules of entry" see section 112. 17
"sale contract", for a notice to leave, see section 161. 18
"service charge" see section 90. 19
"short form", for a term, see section 40. 20
"short tenancy (extension) statement" see section 31. 21
"short tenancy (moveable dwelling)" see section 33. 22
"short tenancy statement" see section 30. 23
"site" of a moveable dwelling means the site where the moveable dwelling 24
is, or is intended to be, situated. 25
"spouse" means either one of a man and a woman-- 26
(a) who are, or have been, married to each other; or 27
183
Residential Tenancies
SCHEDULE 3 (continued)
(b) who, although not married to each other, are living, or have lived, 1
together as husband and wife; or 2
(c) who are the biological parents of a child (whether or not they are, 3
or have been, married to each other, or are living, or have lived, 4
together). 5
"state of mind" of a person includes-- 6
(a) the person's knowledge, intention, opinion, belief or purpose; and 7
(b) the person's reasons for the intention, opinion, belief or purpose. 8
"structural change" to premises means any renovation, alteration or 9
addition to the premises. 10
"tenancy dispute" see section 233. 11
"tenant" see sections 9 and 12. 12
"termination day" means the day stated in a notice of termination of an 13
agreement as the day on which vacant possession of the residential 14
premises is to be, or will be, delivered up to the lessor. 15
"termination order" means an order of a tribunal terminating a residential 16
tenancy agreement. 17
"tribunal" means a small claims tribunal under the Small Claims Tribunal 18
Act 1973. 19
"unremedied breach", for a notice to leave, see section 155. 20
"unremedied breach", for a notice of intention to leave, see section 175. 21
"urgent application" see section 231. 22
"voluntary park closure", for a notice to leave, see section 162. 23
"without ground", for a notice to leave, see section 165. 24
"without ground", for a notice of intention to leave, see section 181. 25
26
© State of Queensland 1994
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