• Specific Year
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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - As at 1 July 2023 - Act 73 of 2008

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title
  • 2 Commencement
  • 3 Act binds all persons
  • 4 Rights and remedies of persons

PART 2 - OBJECTS OF ACT

  • 5 Objects of Act

PART 3 - INTERPRETATION

Division 1 - Location of definitions

Division 2 - Meaning of key terms for residential tenancies

Division 3 - Meaning of key terms for rooming accommodation

Division 4 - Prescribed minimum housing standards

PART 4 - APPLICATION AND OPERATION OF ACT

Division 1 - Matters relating to residential tenancies and rooming accommodation

Division 2 - Residential tenancy agreements to which this Act applies and does not apply

Division 3 - Rooming accommodation agreements to which this Act applies and does not apply

Division 4 - Moveable dwelling premises

  • 45 Application of div 4
  • 46 Purpose of division
  • 47 Short tenancy statements
  • 48 Extending short tenancy statements
  • 49 Setting aside short tenancy (extension) statements
  • 50 Short tenancies
  • 51 Long tenancies

CHAPTER 2 - RESIDENTIAL TENANCY AGREEMENTS AND ROOMING ACCOMMODATION AGREEMENTS

PART 1 - AGREEMENTS

Division 1 - Residential tenancy agreements

Subdivision 1 - General provisions
  • 52 Terms of agreements include duties under Act etc.
  • 53 Contracting out prohibited
  • 54 Inconsistency
  • 55 Standard terms
  • 56 Special terms
  • 57 Offer of residential tenancy must be for rent at a fixed amount
  • 57A Offer of residential tenancy must disclose particular information
  • 58 Lessor must give particular information to prospective tenant
  • 59 Restriction on amounts that may be taken from prospective tenant
  • 60 Orders of tribunal relating to noncompliance with s 58 or 59
  • 61 Written agreements required
  • 62 Giving, signing and keeping written agreement
  • 63 Period lessor or lessor’s agent must keep agreement
  • 64 Orders of tribunal about giving and signing written agreement
  • Subdivision 2 - Associated documents
  • 65 Condition report at start of tenancy
  • 66 Condition report at end of tenancy
  • 67 Information statement
  • 68 Park rules
  • 69 Body corporate by-laws
  • Subdivision 3 - Fixed term agreements
  • 70 Continuation of fixed term agreements
  • 71 Tenant may apply to tribunal about significant change in subsequent agreement

Division 2 - Rooming accommodation agreements

Subdivision 1 - General provisions
  • 72 Terms of agreement include obligations under Act etc.
  • 73 Standard terms
  • 74 Special terms
  • 75 Contracting out prohibited
  • 76 Inconsistency
  • 76A Offer of rooming accommodation must disclose particular information
  • 76B Provider must give particular information to prospective resident
  • 77 Written agreement required
  • 78 Resident’s copy of agreement
  • 79 Period provider or provider’s agent must keep agreement
  • Subdivision 2 - Associated documents
  • 80 Application of sdiv 2
  • 81 Condition report at start of rooming accommodation
  • Subdivision 3 - Fixed term agreements
  • 82 Continuation of fixed term agreement

PART 2 - RENT

Division 1 - Residential tenancy agreements

  • 83 How rent to be paid
  • 84 Tenant must be given choices of approved ways for payment of rent and be advised about associated costs
  • 85 Where rent to be paid
  • 86 Payment of rent by electronic transaction
  • 87 Rent in advance
  • 88 Receipts and other records
  • 89 Keeping of records
  • 90 False, misleading or incomplete rent records
  • 91 Rent increases
  • 92 Tenant’s application to tribunal about rent increase
  • 93 Minimum period before rent can be increased
  • 94 Rent decreases
  • 95 Seizure of tenant’s goods for rent etc.
  • 96 Rent payment must not be applied for any other purpose
  • 97 Apportionment

Division 2 - Rooming accommodation agreements

  • 98 How rent is to be paid
  • 99 Resident must be given choices of approved ways for payment of rent and be advised about associated costs
  • 100 Where rent is to be paid
  • 101 Rent in advance
  • 102 Receipts and other records
  • 103 Keeping of records
  • 104 False, misleading or incomplete rent records
  • 105 Rent increases
  • 105A Resident’s application to tribunal about rent increase
  • 105B Minimum period before rent can be increased
  • 106 Rent decreases for matters including loss of amenity or service
  • 107 Rent decreases because of resident’s absence
  • 108 Seizure of resident’s goods for rent etc.
  • 109 Apportionment

PART 3 - RENTAL BONDS

Division 1 - Application of part

  • 110 Application of part

Division 2 - Payments to authority

  • 111 Meaning of rental bond
  • 112 Meaning of maximum rental bond
  • 113 Who is a contributor for a rental bond
  • 114 Bond loan contributor
  • 115 Share of a rental bond
  • 116 Duty to pay rental bond
  • 117 Duty to pay rental bond instalments under residential tenancy agreement
  • 118 Duty to pay rental bond instalments under rooming accommodation agreement
  • 119 Duty to pay rental bond if financial protection given
  • 120 Acknowledging receipt of rental bond
  • 121 No entitlement to interest
  • 122 Continuance of rental bond

Division 3 - Payments by authority

Subdivision 1 - Preliminary
  • 123 Purpose of division
  • 124 Making payment
  • 125 Application for payment
  • Subdivision 2 - Payment of bond if only 1 contributor
  • 126 Application of sdiv 2
  • 127 Joint application by contributor and lessor or provider
  • 128 Application only by lessor or provider
  • 129 Application only by contributor
  • Subdivision 3 - Payment of bond if more than 1 contributor
  • 130 Application of sdiv 3
  • 131 Joint application by every contributor and the lessor or provider
  • 132 Joint application by some contributors and the lessor or provider
  • 133 Application only by lessor or provider
  • 134 Application made only by all contributors
  • 135 Application only by some contributors
  • Subdivision 3A - Payment of bond if applicant affected by domestic violence
  • 135A Application of subdivision
  • 135B Joint application by contributor and lessor or provider
  • 135C Application only by lessor or provider
  • 135D Application only by contributor
  • Subdivision 4 - General process for payment of rental bond if interested persons for the payment
  • 136 Notice of application for payment of rental bond
  • 136A Response by interested person to application for payment of rental bond
  • 136B Application to tribunal if conciliation process ends without conciliated resolution
  • 136C Extension of time to apply to tribunal
  • 136D Tribunal order about payment of rental bond
  • 136E Payment of rental bond after dispute resolution process
  • 137 Payment under tribunal order
  • 138 Payment to rental bond supplier
  • 139 Limitation affecting early payment
  • 140 Withdrawal of application
  • 141 Payment under person’s direction
  • Subdivision 5 - Payment by authority in stated circumstances if bond loan contributor
  • 142 Application of sdiv 5
  • 143 Chief executive taken to be interested person
  • 144 Sdivs 3, 3A and 4 apply subject to this subdivision

Division 4 - Enforcement provisions

  • 145 Receipt
  • 146 Payments above maximum amount
  • 147 Order for payment if guilty of offence
  • 148 Order for return of bond if bond wrongfully taken

Division 5 - Rental bond account

149. (Repealed)
  • 150 Rental bond account
  • 151 Unclaimed amounts in rental bond account
  • 152. (Repealed)
  • 153 Guaranteed payment of rental bonds

Division 6 - Miscellaneous

  • 154 Increase in rental bond
  • 155 Rental bond resulting from rent decrease

PART 4 - KEY AND HOLDING DEPOSITS FOR RESIDENTIAL TENANCIES

Division 1 - Key deposits

  • 156 Payment of key deposits
  • 157 Receipts for key deposits
  • 158 Refunding key deposit

Division 2 - Holding deposits

  • 159 Payment of holding deposits
  • 160 Receipts for holding deposits
  • 161 Rights and obligations about holding deposits
  • 162 Orders of tribunal

PART 5 - OUTGOINGS OF LESSOR OR PROVIDER

Division 1 - Residential tenancy agreements

Subdivision 1 - Outgoings other than service charges
  • 163 Outgoings other than service charges
  • Subdivision 2 - Service charges
  • 164 Meaning of service charge
  • 165 General service charges for premises other than moveable dwelling premises
  • 166 Water service charges for premises other than moveable dwelling premises
  • 167 Service charges for moveable dwelling premises individually metered
  • 168 Service charges absorbed in rent for moveable dwelling premises
  • 169 Orders of tribunal

Division 2 - Rooming accommodation agreements

  • 170 Charge for utility service

PART 6 - PENALTIES AND PREMIUMS FOR RESIDENTIAL TENANCY AGREEMENTS AND ROOMING ACCOMMODATION AGREEMENTS

Division 1 - Residential tenancy agreements

  • 171 Supply of goods and services
  • 172 Incentive amounts prohibited
  • 173 Certain terms about penalties and other payments void
  • 174 Terms about rent reductions etc.
  • 175 Premiums for letting moveable dwelling premises

Division 2 - Rooming accommodation agreements

  • 176 Supply of goods and services
  • 177 Incentive amounts prohibited
  • 178 Certain terms about penalties and other payments void
  • 179 Terms about rent reductions etc.

PART 7 - TENANCY GUARANTEES

  • 180 Tenancy guarantees

CHAPTER 3 - RIGHTS AND OBLIGATIONS OF PARTIES FOR RESIDENTIAL TENANCIES

PART 1 - OCCUPATION AND USE OF THE PREMISES

PART 1A - PETS

Division 1 - Preliminary

Division 2 - Keeping pets and other animals at premises

Division 3 - Approvals, refusals and conditions for keeping pets at premises

PART 2 - GENERAL STANDARD OF THE PREMISES

  • 185 Lessor’s obligations generally
  • 186 Lessor’s obligations for facilities in moveable dwelling parks
  • 187 Lessor’s obligations for moveable dwelling site
  • 188 Tenant’s obligations generally
  • 189 Tenant’s obligations for facilities in moveable dwelling parks
  • 190 Tenant’s obligation for moveable dwelling site
  • 191 Orders of tribunal

PART 3 - LESSOR’S RIGHT OF ENTRY

PART 4 - PERSONAL DETAILS OF THE PARTIES AND AGENTS

  • 205 Tenant’s name and other details
  • 206 Lessor’s or agent’s name and other details

PART 5 - THE DWELLING

Division 1 - Fixtures and structural changes

  • 207 Attaching fixtures and making structural changes
  • 208 Agreement about fixtures and structural changes
  • 209 Attaching fixture or making structural change without lessor’s agreement

Division 2 - Locks and keys

  • 210 Supply of locks and keys
  • 211 Changing locks
  • 212 Agreement about changing locks
  • 213 Orders of tribunal

Division 3 - Damage and repairs

  • 214 Meaning of emergency repairs
  • 215 Meaning of routine repairs
  • 216 Nominated repairer for emergency repairs
  • 217 Notice of damage
  • 218 Tenant may arrange for emergency repairs to be made or may apply to the tribunal for an order about the repairs
  • 219 Costs of emergency repairs arranged by tenant
  • 219A Lessor’s agent may arrange for emergency repairs to be made
  • 220 Orders of tribunal about reimbursement or payment for emergency repairs
  • 221 Application for repair order
  • 221A Granting repair order
  • 221B Extension of time to comply with repair order
  • 221C Offence to contravene repair order

PART 6 - ADDITIONAL PROVISIONS FOR MOVEABLE DWELLING PREMISES

Division 1 - Application of part

  • 222 Application of pt 6

Division 2 - Relocation

  • 223 Notice to relocate
  • 224 Restriction against enforcing relocation
  • 225 Effect of relocation
  • 226 Costs of relocation
  • 227 Application to tribunal

Division 3 - Park rules

  • 228 Park rules
  • 229 Notice of proposed change of park rule
  • 230 Objection to proposal
  • 231 Park liaison committee
  • 232 Consideration of objections by committee
  • 233 Application to tribunal about proposal
  • 234 Decision of tribunal about proposal
  • 235 When proposal takes effect
  • 236 When changes of park rules have no effect

PART 7 - CHANGE OF LESSOR OR TENANT

Division 1 - Transfer or subletting by tenant

  • 237 Tenant’s action subject to lessor’s unqualified discretion
  • 238 Tenant’s action subject to lessor’s qualified discretion
  • 239 Order of tribunal about transfer or subletting
  • 240 Lessor’s expenses for transfer or subletting
  • 241 Lessor’s fee for sale of caravan

Division 2 - Transfer by lessor

Division 3 - Replacement of tenant

  • 243 End of tenant’s occupation
  • 244 Death of a cotenant
  • 245 Injury to domestic associate
  • 246 Injury or damage affecting occupants

PART 8 - RETALIATION

CHAPTER 4 - RIGHTS AND OBLIGATIONS OF PARTIES FOR ROOMING ACCOMMODATION

PART 1 - RIGHTS AND OBLIGATIONS GENERALLY

  • 247 Provider’s obligations generally
  • 248 Provider’s or agent’s name and other details
  • 249 Quiet enjoyment
  • 250 Supply of locks and keys
  • 251 Changing locks
  • 252 Application to tribunal about lock or key
  • 253 Resident’s obligations generally
  • 254 Attaching fixtures and making structural changes
  • 255 Agreement about fixtures and structural changes
  • 256 Attaching fixture or making structural change without provider’s agreement

PART 1A - PETS

Division 1 - Preliminary

Division 2 - Keeping pets and other animals in resident’s rooms

Division 3 - Approvals, refusals and conditions for keeping pets in residents’ rooms

  • 256D Request for approval to keep pet in resident’s room
  • 256E Grounds for refusing pets being kept in resident’s room
  • 256F Conditions for approval to keep pet in resident’s room
  • 256G Continuation of authorisation to keep pet or working dog in resident’s room

PART 2 - ENTRY TO RESIDENTS’ ROOMS

  • 257 Entry with resident’s agreement
  • 258 Entry to carry out inspection
  • 259 Entry after giving notice
  • 260 Entry without notice
  • 261 General qualifications about entry
  • 262 Entry by provider’s agent or other person
  • 263 Rules of entry
  • 264 Entry by provider or provider’s agent under order of tribunal
  • 265 Unlawful entry of resident’s room

PART 3 - HOUSE RULES

Division 1 - General

Division 2 - Rule changes

  • 269 Meaning of rule change
  • 270 Notice of proposed rule change
  • 271 Withdrawal of proposed rule change
  • 272 Objection to proposed rule change
  • 273 Application to tribunal about proposed rule change
  • 274 Application to tribunal by resident about existing rule

Division 3 - Publication of house rules

  • 275 Proposed resident to be given a copy of house rules
  • 276 Display of house rules

PART 4 - RETALIATION

CHAPTER 5 - ENDING OF AGREEMENTS

PART 1 - ENDING OF RESIDENTIAL TENANCY AGREEMENTS

Division 1 - General

Division 2 - Action by lessor

Subdivision 1 - Notices to remedy breach given by lessor
  • 280 Notice to remedy tenant’s breach
  • Subdivision 2 - Notices to leave premises given by lessor
  • 281 Notice to leave for unremedied breach
  • 282 Notice to leave for tenant’s noncompliance with tribunal order
  • 283 Notice to leave for noncompliance (moveable dwelling relocation)
  • 284 Notice to leave if agreement frustrated
  • 285 Notice to leave if agreement frustrated (moveable dwelling premises)
  • 286 Notice to leave if premises being sold
  • 287 Notice to leave if closure of moveable dwelling park involved
  • 288 Notice to leave if tenant’s employment ends or entitlement to occupy under employment ends
  • 289 Notice to leave if tenant’s entitlement to supported accommodation ends
  • 290 Notice to leave if tenant’s entitlement under affordable housing scheme ends
  • 290A Notice to leave because of serious breach at public or community housing
  • 290B Notice to leave for State government program
  • 290C Notice to leave for planned demolition or redevelopment
  • 290D Notice to leave for significant repair or renovations
  • 290E Notice to leave for change of use
  • 290F Notice to leave if entitlement to student accommodation ends
  • 290G Notice to leave for owner occupation
  • 291 Notice to leave for end of fixed term agreement
  • 292. (Repealed) Subdivision 3 - Applications for termination by lessor
  • 293 Application for termination for failure to leave
  • 294 Application for termination for failure to leave as intended
  • 295 Application for termination for excessive hardship
  • 296 Application for termination for damage or injury
  • 296A Application for termination for damage or injury in public or community housing
  • 297 Application for termination for tenant’s objectionable behaviour
  • 297A Application for termination for objectionable behaviour in public or community housing
  • 297B Application for termination because of serious breach
  • 298 Application for termination for incompatibility
  • 299 Application by lessor for termination for repeated breaches by tenant
  • 300 Application for interim order about damage or injury

Division 3 - Action by tenant

Subdivision 1 - Notices to remedy breach given by tenant
  • 301 Notice to remedy lessor’s breach
  • Subdivision 2 - Notices of intention to leave premises given by tenant
  • 302 Notice of intention to leave for unremedied breach
  • 303 Waiver of breach
  • 304 Notice of intention to leave for lessor’s noncompliance with tribunal order
  • 305 Notice of intention to leave if agreement frustrated
  • 306 Notice of intention to leave if agreement frustrated (moveable dwelling premises)
  • 307 Notice of intention to leave if premises being sold
  • 307A Notice of intention to leave because of condition of premises
  • 307B Notice of intention to leave because of death of cotenant
  • 307C Notice of intention to leave if entitlement to student accommodation ends
  • 307D Notice of intention to leave because of failure to comply with repair order
  • 308 Notice of intention to leave without ground
  • Subdivision 2A - Domestic violence
  • 308A Victim’s right to leave
  • 308B Notice ending tenancy interest
  • 308C Lessor’s response to notice ending tenancy interest
  • 308D Effect of notice ending tenancy interest if sole tenant
  • 308E Effect of notice ending tenancy interest if more than 1 tenant
  • 308F Top ups of rental bond
  • 308G Particular costs not recoverable
  • 308H Application to tribunal about notice ending tenancy interest
  • 308I Confidentiality
  • Subdivision 3 - Applications for termination by tenant
  • 309 Application for termination for failure of lessor to remedy breach
  • 310 Application for termination for excessive hardship
  • 311 Application for termination for damage or injury
  • 312 Application by cotenant for termination for damage or injury
  • 312A Application for termination because of misrepresentation
  • 313 Application for termination for lessor’s objectionable behaviour
  • 314 Application for termination for incompatibility
  • 315 Application by tenant for termination for repeated breaches by lessor
  • 316 Application for interim order about damage or injury

Division 4 - Action by other persons

Subdivision 1 - Mortgagees
  • 317 Notice about proposed action of mortgagee
  • 318 Acceptance of rent does not operate as consent
  • 319 Tenant not liable for loss if tenant vacates or is removed from premises after receiving notice from mortgagee
  • 320 Tenant not liable for loss if rent paid to mortgagee
  • Subdivision 2 - Other persons
  • 321 Application by tenant’s domestic associate for termination for damage or injury
  • 322 Application by occupant for termination for damage or injury
  • 323 Application for interim order about damage or injury
  • 324 References to applications

Division 4A - Death of sole tenant

Division 5 - Procedural requirements for action taken by lessor or tenant

  • 325 Notice to remedy breach
  • 326 Notice to leave
  • 327 Notice of intention to leave
  • 328 Allowed remedy period
  • 329. (Repealed) 330. (Repealed) 331. (Repealed) 332. (Repealed)
  • 333 Withdrawing notice to leave for unremedied breach
  • 334 Withdrawing notice of intention to leave
  • 335 Applications for termination orders
  • 336 Applications to tribunal

Division 6 - Orders of tribunal

  • 337 Failure to leave for unremedied breach
  • 338 Failure to leave for noncompliance (tribunal order)
  • 339 Failure to leave for noncompliance (moveable dwelling relocation)
  • 340 Failure to leave for other grounds
  • 341. (Repealed)
  • 342 Failure to leave as intended
  • 343 Excessive hardship
  • 344 Damage or injury
  • 345 Objectionable behaviour other than in public or community housing
  • 345A Objectionable behaviour in public or community housing
  • 346 Incompatibility
  • 347 Repeated breaches
  • 347A Serious breach
  • 347B Misrepresentation
  • 348 Interim order about damage or injury
  • 349 Defects in notices
  • 349A How tribunal must deal with public or community housing tenant

Division 7 - Recovery of possession of premises

  • 350 Issue of warrant of possession
  • 351 Warrant of possession
  • 352 Execution of warrant of possession
  • 353 Limited ways of recovering possession of premises from tenants
  • 354 Obstruction of person executing warrant of possession

Division 8 - Abandonment

  • 355 Termination of agreement by lessor if premises abandoned
  • 356 Dispute about abandonment termination notice
  • 357 Order about abandonment

Division 9 - Compensation

  • 357A Reletting costs
  • 358 Tenant remaining in possession
  • 359 Compensation on abandonment termination notice
  • 360 Compensation on termination by tribunal
  • 361 Review of abandonment order
  • 362 Duty to mitigate loss or expense

Division 10 - Goods and documents left behind on premises

Division 11 - Offences

PART 2 - ENDING OF ROOMING ACCOMMODATION AGREEMENTS

Division 1 - General

Division 2 - Action by provider

Subdivision 1 - Notices to remedy breach given by provider
  • 368 Notice to remedy resident’s breach
  • Subdivision 2 - Notices to leave given by provider
  • 369 Notice to leave because of failure to remedy breach
  • 370 Notice to leave immediately because of serious breach
  • 371 Notice to leave if premises destroyed etc.
  • 371A Notice to leave if rental premises being sold
  • 371B Notice to leave for planned demolition or redevelopment
  • 371C Notice to leave because of significant repair or renovations
  • 371D Notice to leave for change of use
  • 371E Notice to leave if entitlement to student accommodation ends
  • 372 Notice to leave for end of fixed term agreement
  • 373. (Repealed)
  • 374 Notice to leave if resident’s employment ends or entitlement to occupy under employment ends
  • 375 Power to remove resident
  • Subdivision 3 - Applications for termination by provider
  • 376 Application by provider for termination for repeated breaches by resident
  • 377 Application by provider to terminate fixed term agreement because of excessive hardship

Division 3 - Action by resident

Subdivision 1 - Notices to remedy breach given by resident
  • 378 Notice to remedy provider’s breach
  • Subdivision 2 - Notices terminating agreement given by resident
  • 379 Notice terminating fixed term agreement because of failure to remedy breach
  • 380 Notice terminating agreement if premises destroyed etc.
  • 380A Notice terminating agreement because of condition of rental premises
  • 380B Notice terminating agreement because of death of coresident
  • 380C Notice to leave if entitlement to student accommodation ends
  • 381 Notice terminating agreement by resident without ground
  • Subdivision 2A - Domestic violence
  • 381A Victim’s right to leave
  • 381B Notice ending residency interest
  • 381C Provider’s response to notice ending residency interest
  • 381D Effect of notice ending residency interest if sole resident
  • 381E Effect of notice ending residency interest if more than 1 resident
  • 381F Top ups of rental bond
  • 381G Particular costs not recoverable
  • 381H Application to tribunal about notice ending residency interest
  • 381I Confidentiality
  • Subdivision 3 - Applications for termination by resident
  • 381J Application by resident for termination because of misrepresentation
  • 382 Application by resident for termination for repeated breaches by provider
  • 383 Application by resident to terminate fixed term agreement because of excessive hardship

Division 4 - Action by mortgagees

  • 384 Notice about proposed action of mortgagee
  • 385 Acceptance of rent does not operate as consent
  • 386 Resident not liable for loss if resident vacates or is removed from premises after receiving notice under s 384
  • 387 Resident not liable for loss if rent paid to mortgagee

Division 4A - Death of sole resident

Division 5 - Procedural requirements and orders of tribunal

  • 388 Applications for termination orders
  • 389 Orders relating to repeated breaches
  • 389A Orders relating to misrepresentation

Division 6 - Goods or money left behind in premises

  • 390 Application of div 6
  • 391 Unauthorised dealing with lost property
  • 392 Personal document or money
  • 393 Item other than personal document or money
  • 394 Personal document given to public trustee
  • 395 Money given to public trustee
  • 396 Application to tribunal about lost property

Division 7 - Compensation

  • 396A Reletting costs

Division 8 - Offences

CHAPTER 6 - DISPUTE RESOLUTION

PART 1 - CONCILIATION PROCESS FOR RESIDENTIAL TENANCY DISPUTES AND ROOMING ACCOMMODATION DISPUTES

Division 1 - Preliminary

  • 397 Application of pt 1

Division 2 - Conciliation

  • 398 Conciliation process
  • 399 Some matters not suitable for conciliation
  • 400 Appointment of conciliators
  • 401 Functions of conciliators

Division 3 - Starting the conciliation process

  • 402 Making dispute resolution request
  • 403 Action to be taken on dispute resolution request

Division 4 - Conduct of conciliation process

  • 404 Conciliation fee
  • 405 Limited right of representation
  • 406 Parties’ participation in conciliation process not compellable
  • 407 Parties to conciliation process
  • 408 Conciliation agreements
  • 409 No record of conciliation process

Division 5 - Withdrawal of disputes

  • 410 Withdrawal of disputes

Division 6 - Confidentiality, privilege and immunity

  • 411 Conciliators to maintain secrecy
  • 412 Ordinary protection and immunity allowed
  • 413 Admissions made in conciliation process

PART 2 - APPLICATION TO TRIBUNALS

Division 1 - Application of part

  • 414 Application of pt 2

Division 2 - Preliminary

  • 414A Applications to the tribunal
  • 415 Meaning of urgent application
  • 416 Dispute resolution request required before applying to tribunal
  • 417 Reference to making of tribunal application includes making of dispute resolution request

Division 3 - General powers of tribunals

  • 418 Application of Act to agreements
  • 419 Applications about breach of agreements
  • 420 Orders about breach of agreements
  • 421 Matters to which tribunal must have regard for orders for compensation
  • 422 Application of Aboriginal tradition
  • 423 Application of Island custom
  • 424 Disputes about tenants’ notices
  • 425 Dispute about residents’ notices
  • 426 Disputes about lessors’ notices
  • 427 Dispute about providers’ notices
  • 428 Dispute about entry to resident’s room or removal of resident
  • 429 General disputes between lessors and tenants or providers and residents
  • 430 Disputes between cotenants or coresidents about rental bonds
  • 431 Different applications may be decided together
  • 432 Joining applications
  • 433 Relevant matters for deciding whether a person is a boarder or lodger
  • 433A Particular applications to be heard in private

CHAPTER 7 - ENFORCEMENT

PART 1 - AUTHORISED PERSONS

  • 434 Authorised persons under this chapter
  • 435 Appointment
  • 436 Limitation of authorised person’s powers
  • 437 Authorised person’s conditions of appointment
  • 438 Authorised person’s identity card
  • 439 Production or display of authorised person’s identity card

PART 2 - POWERS OF AUTHORISED PERSONS FOR PLACES

  • 440 Entry to places
  • 441 Warrants for entry
  • 442 Warrants—applications made other than in person
  • 443 Authorised person’s general powers for places

PART 3 - OTHER ENFORCEMENT MATTERS

  • 444 Procedure after document seized
  • 445 Power to require information from certain persons
  • 446 False or misleading information
  • 447 False or misleading documents
  • 448 Authorised person to give notice of damage
  • 449 Compensation
  • 450 Agreement to entry
  • 451 Evidence of agreement
  • 452 Obstruction of authorised person
  • 453 Impersonation of authorised person

CHAPTER 8 - CAUSING NUISANCE IN MOVEABLE DWELLING PARKS

  • 454 Behaviour in moveable dwelling park causing serious nuisance
  • 455 Application to tribunal for order to exclude person from park
  • 456 Order of tribunal excluding person from park

CHAPTER 9 - TENANCY DATABASES

  • 457 Definitions for ch 9
  • 457A References to lessors and tenants in ch 9
  • 457B Extra-territorial application of particular provisions of ch 9
  • 458 Non-application to internal databases
  • 458A Notice of usual use of database
  • 458B Notice of listing if database used
  • 459 Restriction on listing
  • 459A Ensuring quality of listing—lessors and lessors agents
  • 459B Ensuring quality of listing—database operators
  • 459C Providing copy of personal information listed
  • 459D Keeping personal information listed
  • 460 Application to tribunal about breach
  • 461 Application to tribunal about personal information listed
  • 462 Application to tribunal about proposed listing
  • 463 Offence of contravening tribunal order
  • 464 Order for compensation

CHAPTER 10 - RESIDENTIAL TENANCIES AUTHORITY

PART 1 - ESTABLISHMENT OF AUTHORITY

  • 465 Establishment of authority
  • 466 Legal status of authority
  • 467 Authority represents the State

PART 2 - FUNCTIONS AND POWERS OF AUTHORITY

  • 468 Authority’s functions
  • 469 Authority’s powers
  • 470 Reserve power of Minister to give directions in public interest

PART 3 - THE BOARD

  • 471 The board
  • 472 Role of the board
  • 473 Composition of board
  • 474 Duration of appointment
  • 475 Conditions of appointment

PART 4 - PROCEEDINGS OF THE BOARD

  • 476 Time and place of meetings
  • 477 Conduct of proceedings
  • 478 Disclosure of interests
  • 479 Minutes

PART 5 - FINANCIAL MATTERS

PART 6 - OTHER THINGS ABOUT THE AUTHORITY

  • 483 Authority may enter into work performance arrangements
  • 484 Seal
  • 485 Application of certain Acts
  • 486 Delegation

PART 7 - CHIEF EXECUTIVE OFFICER

  • 487 Chief executive officer
  • 488 Chief executive officer not to engage in other paid employment
  • 489 Acting chief executive officer
  • 490 Delegation by chief executive officer

CHAPTER 11 - RESIDENTIAL TENANCIES EMPLOYING OFFICE

PART 1 - ESTABLISHMENT AND FUNCTIONS OF EMPLOYING OFFICE

  • 491 Establishment of employing office
  • 492 Employing office represents the State
  • 493 Functions of employing office

PART 2 - EXECUTIVE OFFICER

  • 494 Appointment of executive officer
  • 495 Executive officer acting for employing office
  • 496 Delegation by executive officer

PART 3 - STAFF OF EMPLOYING OFFICE

  • 497 Employing office may employ staff
  • 498 Employing office may enter into work performance arrangements

PART 4 - OTHER PROVISIONS

CHAPTER 12 - LEGAL PROCEEDINGS

PART 1 - APPLICATION

  • 501 Application of ch 12

PART 2 - EVIDENCE

PART 3 - PROCEEDINGS

  • 510 Summary offences
  • 511 Attempts to commit offences
  • 512 Responsibility for act or omission of representative
  • 513. (Repealed)

PART 4 - OFFENCE ABOUT GIVING FALSE OR MISLEADING DOCUMENT TO AUTHORITY

  • 514 False or misleading documents

CHAPTER 13 - MISCELLANEOUS

  • 515 Authority may provide addresses to tribunal
  • 516 Applications for more than prescribed amount
  • 517 Protection from liability
  • 518 Disclosure of interests
  • 519 Approved forms
  • 520 Regulation-making power
  • 521 Non-application of Act to long-term leases on Hamilton Island
  • 522 Non-application of Act to long-term leases for Hayman Island
  • 523 Non-application of Act to long-term leases for Pacific Mirage
  • 524 Non-application of Act to long-term leases within prescribed land
  • 525 Giving notice to resident with impaired or limited capacity
  • 526 Reporting a matter relating to the Residential Services (Accreditation) Act
  • 527 Confidentiality

CHAPTER 13A - MATTERS RELATING TO PARTICULAR LEASES BY THE STATE AND COMMUNITY HOUSING PROVIDERS

  • 527A Definitions for ch 13A
  • 527B What is a community housing provider
  • 527C Existing State tenancy agreements and community housing provider tenancy agreements
  • 527D Acceptable behaviour agreements for tenants
  • 527E Application for termination relating to acceptable behaviour agreement
  • 527F State may charge bonds and service charges under existing State tenancy agreements

CHAPTER 14 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

PART 1 - REPEAL PROVISIONS

  • 528 Repeal of Residential Tenancies Act 1994
  • 529 Repeal of Residential Services (Accommodation) Act 2002

PART 2 - SAVINGS AND TRANSITIONAL PROVISIONS FOR ACT NO. 73 OF 2008

Division 1 - Interpretation

Division 2 - Transitional references

  • 531 Application of div 2
  • 532 References to Residential Tenancies Act 1994
  • 533 References to Residential Services (Accommodation) Act 2002

Division 3 - The authority

  • 534 Authority continues under this Act
  • 535 Continuation of appointment of chief executive officer
  • 536 Existing employees of authority

Division 4 - The authority’s board

  • 537 The board

Division 5 - Employing office

  • 538 Employing office continues under this Act
  • 539 Continuation of appointment of executive officer
  • 540 Existing employees of employing office

Division 6 - Authorised persons and conciliators

  • 541 Authorised persons
  • 542 Conciliators

Division 7 - Existing agreements

  • 543 Existing agreements continue under this Act

Division 8 - Agreements to which repealed Acts would not have applied

  • 544 Agreements to which repealed Acts did not apply or would not have applied
  • 545 Contracts of sale—s 30

Division 9 - Rental bonds

  • 546 Existing rental bonds
  • 547 Rental bond held for agreements to which repealed Acts did not apply or would not have applied
  • 548 Rental bonds held for premises or rooming accommodation on university campus
  • 549 Payment of rental bond held when agreement under s 544(3) entered into

Division 10 - Notices given, or applications or requests made, by parties to agreements

  • 550 Notices given, or applications or requests made, under repealed Act continue under that Act
  • 551 Notices given, or applications or requests made, under this Act for matters happening before commencement

Division 11 - Other transitional provisions

  • 552 Period stated in previous provision

PART 3 - SAVINGS AND TRANSITIONAL PROVISIONS FOR RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION AND OTHER LEGISLATION AMENDMENT ACT 2013

  • 553 (Expired)
  • 554 Notices given, and proceedings started, by the State
  • 555 Notices given, and proceedings started, by the tenant
  • 556 Applications by the State or community housing providers for particular termination orders
  • 557 (Expired)

PART 4 - TRANSITIONAL PROVISIONS FOR PLUMBING AND DRAINAGE AND OTHER LEGISLATION AMENDMENT ACT 2016

  • 558 Definitions for pt 4
  • 559 Meaning of particular terms
  • 560 Use of tenancy databases before commencement
  • 561 Listings proposed to be made before commencement
  • 562 Ensuring quality of existing listings
  • 563 Providing copy of personal information for existing listings
  • 564 Keeping existing listings in tenancy databases
  • 565 Applications to tribunal about breach
  • 566 Applications to tribunal about personal information listed
  • 567 Applications to tribunal about proposed listings
  • 568 Existing applications to tribunal

PART 5 - TRANSITIONAL PROVISIONS FOR HOUSING LEGISLATION AMENDMENT ACT 2021

  • 569 Changes in processes not limited to relevant circumstances happening after the commencement
  • 570 Incomplete processes to be completed under pre-amended Act
  • 571 Pets previously approved for premises

PART 6 - TRANSITIONAL PROVISIONS FOR STATE PENALTIES ENFORCEMENT (MODERNISATION) AMENDMENT ACT 2022

  • 572 Former rental bond interest account
  • 573 Transfer of value of current investments into rental bond account
  • 574 Balancing of rental bond account

PART 7 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT ELECTORAL AND OTHER LEGISLATION (EXPENDITURE CAPS) AMENDMENT ACT 2023

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