HOUSING ACT 2003 - SECT 19 Unauthorised use or subletting of rental accommodation

HOUSING ACT 2003 - SECT 19

19 Unauthorised use or subletting of rental accommodation

(1) This section applies to a provision of a residential tenancy agreement between the chief executive and a person that—

(a) the person must use the premises as the person’s place of residence; or

(b) the person must not sublease the premises; or

(c) the person must not use the premises, or allow the premises to be used, for a purpose other than a place of residence; or

(d) the person must not allow the premises to be used as the place of residence of—

(i) anyone other than the person, the person’s family or other stated persons; or

(ii) more than a stated number of persons.

(2) The person must not contravene the provision.

Penalty—

Maximum penalty—10 penalty units.

(3) The person does not contravene the provision only by a non-use, sublease or use of the premises under written authority from the chief executive.

(4) Subsection (2) does not limit another consequence of a contravention of the provision.

Example for subsection (4)—

A person’s contravention of a residential tenancy agreement with the chief executive may be an offence against subsection (2) and may also allow the chief executive to take action, as lessor, under the Residential Tenancies and Rooming Accommodation Act 2008 .